Monday, February 5, 2007

Rapoport on Bankruptcy Ethics Issues, Including Advice for Solos & Small Firms

Posted by Alan Childress

Nancy Rapoport (U. Houston--Law), also an editor here at LPB and a blogger at her own very interesting and eclectic website, has posted to SSRN her book chapter, Bankruptcy Ethics Issues for Solos and Small Firms.  It is part of the book Attorney Liability in Bankruptcy, published in 2006 by 5150415_big the ABA (information and ordering here).  The chapter's detailed contents, including 211842_72225496 "the three C's" and a riff on the "Money" song, are reprinted at this post below the fold.  The book's entire table of contents is linked here.  Her abstract is:

This chapter, in Corinne Cooper & Catherine E. Vance's book, Attorney Liability in Bankruptcy, walks the reader through some of the traditional ethics issues triggered by representing consumers and small businesses. It also addresses some of the ethics issues that the recent Bankruptcy Amendments (BAPCPA) have created.

Chapter 7
Bankruptcy Ethics Issues for Solos and Small Firms 121
by Nancy B. Rapoport
I. "DTACs" and Conflicts Checks 121
II. State Ethics Rules and Conflicts of Interest 125
III. Bankruptcy Ethics Rules-Creditor (or Other Non-estate) Representation 128
A. Representing Creditors 128
B. Representing the Estate 129
IV. The Three Cs: Competency, Confidentiality, and Conflicts (Avoidance of) 132
A. Competency 132
B. Confidentiality 132
C. Conflicts of Interest 133
V. Money, Money, Money, Money-MONEY! (Reasonable Fees) 133
VI. What the Heck Is "Bankruptcy Assistance," Anyway? 134
VII. The Pen Is Mightier Than the Sword: Rule 11 of the Federal Rules of Civil Procedure and Bankruptcy Rule 9011 136
VIII. Just When You Thought It Was Safe to Go Back in the Water: You're a Debt-Relief Agency! 138
IX. Am I My Client's Keeper? Reaffirmations under the BRA 139
X. The Final Word: Withdrawal 140

Abstracts Highlights - Academic Articles on the Legal Profession, Ethics, Law & Business, Rapoport | Permalink

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