What duty does a non-bankruptcy attorney have to determine whether a client or a potential client is or has been a debtor in a bankruptcy case? The wrong answer to that question may prove disastrous to successful pursuit of claims on behalf of the client and threatens counsel with professional and financial exposure. A debtor’s failure to disclose causes of action in a bankruptcy case has ramifications for the debtor, the debtor’s attorney, and the non-bankruptcy attorney.
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Reprinted from Norton Bankruptcy Law Adviser, 2022 No. 10 (October 2022), with permission of Thomson Reuters. Copyright © 2022. Further use without the permission of Thomson Reuters is prohibited. For further information about this publication, please visit https://legal.thomsonreuters.com/en/products/law-books or call 800.328.9352.
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The Duty of Non-Bankruptcy Attorneys to Make Reasonable Inquiry of a Client’s Bankruptcy
What duty does a non-bankruptcy attorney have to determine whether a client or a potential client is or has been a debtor in a bankruptcy case? The wrong answer to that question may prove disastrous to successful pursuit of claims on behalf of the client and threatens counsel with professional and financial exposure. A debtor’s failure to disclose causes of action in a bankruptcy case has ramifications for the debtor, the debtor’s attorney, and the non-bankruptcy attorney.
Click here for the full article
Reprinted from Norton Bankruptcy Law Adviser, 2022 No. 10 (October 2022), with permission of Thomson Reuters. Copyright © 2022. Further use without the permission of Thomson Reuters is prohibited. For further information about this publication, please visit https://legal.thomsonreuters.com/en/products/law-books or call 800.328.9352.