By Cathy Moran, Esq. (Redwood City, CA) No matter how many hoops the client dutifully jumped through, without adequate inquiry and communication, the bankruptcy attorney was slammed for unbundling his services. The representation agreement at issue excluded representation in any adversary proceeding filed, as do most such agreements, I imagine. The client initialed every paragraph of the 19-paged representation agreement,...
Nine Factors to Consider in a “Bad Faith” Analysis
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By Morgan D. King, Esq., Dublin, CA
In its opinion, the Court referenced language in another case, In re Mitchell, 357 B.R. 142 (Bankr. C.D. Cal. 2006), for guidance in looking at the bad faith argument raised by the trustee in this chapter 7 case - Miller v. Gilliam (In re Miller) (B.A.P. 9th Cir., 2016).
"The Mitchell court set forth the following nonexclusive factors to be considered in determining whether to dismiss a chapter 7 case for bad faith under § 707(b)(3)(A):
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