Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Trustee (Nashville, TN)

An attorney violates § 526(a)(4) if the attorney instructs a client to pay the bankruptcy related legal fees using a credit card. Cadwell v. Kaufman, Englett & Lynd, PLLC, 886 F.3d 1153 (11th Cir. March 30, 2018) (Newsom)

Case Summary

Loyd Cadwell consulted with the Kaufman Law Firm to represent him in filing a Chapter 7 bankruptcy petition. He entered into an agreement with the firm obligating him to pay a total of $1,700 in attorney’s fees for representation for the Chapter 7 . . .

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