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 the ABA (information and ordering here).  The chapter’s detailed contents, including “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