Ethical Issues in Bankruptcy Cases Part V

By Paul W. Bonapfel, United States Bankruptcy Judge, Northern District of Georgia *

Representation of Corporations and Other Entities

A lawyer's duties in the first instance arise out of a relationship with a client. Thus, it is critical to determine who the client is.

Model Rule 1.13 adopts the Aentity@ theory of representation of client organizations, which is that the lawyer's client is the corporation (or other entity), and not its board of directors, officers, or managers. 1 Model Rule . . .

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Henry E. Hildebrand, III

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In examining the effect of vesting of property of the estate at confirmation of a Chapter 13 plan, bankruptcy court examines the impact of five different theories on how post-confirmation property is to be treated, settling on the “Estate Replenishment Theory,” but does not decide if the debtors can receive the proceeds. (Fenimore) In re Marsh, 2023 WL 215263 (Bankr....

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Taxpayers may need to take money out of their individual retirement account or retirement plan early. However, this can trigger an additional tax on top of other income tax they may owe. Here are a few key things for taxpayers to know: Early Withdrawals. An early withdrawal normally is taking cash out of a retirement plan before the taxpayer is...

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