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,...
From the Editor – Confirmation
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By The Honorable William Houston Brown (Retired)
Good faith in plan proposal. Plan was proposed in good faith, although petition was filed only 21 days after purchase of vehicle, when plan adequately protected creditor against risk of depreciation. Opinion reviews good faith factors for plan proposal. In re Sharp, 608 B.R. 546 (Bankr. D. Kan. 2019). Compare In re Broder, 607 B.R. 774 (Bankr. D. Maine 2019) (Retention of luxury boat while proposing to pay only 14% to unsecured creditors, along with other schedule issues, was evidence of bad faith, preventing confirmation.).
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