Page 1 of 1

Rule 9011 Duty

Posted: Thu Feb 20, 2014 4:01 pm
by Yahoo Bot

Absolutely. Besides checking public records on some items, Schedule B
in particular should be conducted like a cross examination. Similarly
the Statement of Financial Affairs
I'll read this case you presented with interest.
Thank you
Steven B. Lever

The post was migrated from Yahoo.

Rule 9011 Duty

Posted: Thu Feb 20, 2014 3:16 pm
by Yahoo Bot

Although none of us is perfect and my law firm derives a good portion of
its hourly-billed income from trying to fix bankruptcy cases (and the
consequences of botched cases) after they have been filed by others, in
terms of preparing the petition and papers, I thought I should share the
following with the members of this association, whom I think are likely not
the ones who need to hear it, but it never hurts:
An attorney may not simply accept, on faith, debtor's version of the facts.
Bankruptcy counsel has a duty to probe the debtor for facts before they
are included in any document presented to the court. * In re Wilde Horse
Enters., Inc.*, 136 B.R. 830 (Bankr. C.D. Cal. 1991).
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
Although none of us is perfect and my law firm derives a good portion of its hourly-billed income from trying to fix bankruptcy cases (and the consequences of botched cases) after they have been filed by others, in terms of preparing the petition and papers, I thought I should share the following with the members of this association, whom I think are likely not the ones who need to hear it, but it never hurts:
An attorney may not simply accept, on faith, debtor's version of the facts. Bankruptcy counsel has a duty to probe the debtor for facts before they are included in any document presented to the court. In re Wilde Horse Enters., Inc., 136 B.R. 830 (Bankr. C.D. Cal. 1991).
-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail:
The post was migrated from Yahoo.