- 11 U.S.C.
Kelly v. Cuomo (In re Cuomo)
Jun
20
2013
Ruling
Attorney ordered to disgorge portion of fee for not investigating information in debtor's prior petitions.
Procedural posture
In connection with an adversary proceeding, the court issued an order to show cause why debtor's attorney should not be sanctioned for failing to list a known debt on the debtor's bankruptcy schedules and for failing to represent the debtor in the adversary proceeding. The attorney moved to withdraw from representing the debtor.
Issue(s)
Whether a bankruptcy attorney violated the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, or the Nevada Rules of Professional Conduct when he failed to review earlier chapter 7 bankruptcy petitions a debtor filed to determine whether information in those petitions was consistent with information in the debtor's credit reports and information that appeared in a new chapter 7 bankruptcy petition and bankruptcy schedules the debtor filed.
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Court
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