A bankruptcy lawyer could not be required to disgorge prepetition fees, even though he failed to place them in client trust accounts in alleged violation of state disciplinary standards and local bankruptcy rules, the 5th Circuit has ruled in reversing a bankruptcy order. The attorney had a high-volume bankruptcy practice in Texas. He generally charged $2,000 for handling a Chapter 13 case. His customary retainer agreement required the client to pay $400 up front.
In the process, he faced a nationwide steel shortage that cost Tougher Industries at least $2 million, moved the business from a location where it had been for about a century, and eventually helped sell the company to J Norbert Properties, LLC, a contractor in Massachusetts. The company listed more than $4.2 million in various unsecured claims and a $6.1 million secured debt owed to Berkshire Bank, which had lent Tougher Industries that money in early 2006. After the bankruptcy filing a federal grand jury began investigating Shaw and ultimately indicted him on charges of filing a false loan application, tax evasion, failing to file tax returns, and embezzlement.
A creditor's lawyer could not be disqualified in a bankruptcy case solely because he had worked in the past for a firm that represented another creditor in the case, the 5th Circuit has ruled in reversing a disqualification order. The lawyer entered an appearance on behalf of a creditor in a Texas bankruptcy case almost two years after he left his employment as an associate at a firm that represented MindPrint, another creditor in the case.
Ann Marie Miller, a Roanoke bankruptcy lawyer, lost her license to practice law Oct. 20, as the Virginia State Bar sorts out claims that she used clients' trust accounts improperly. The bar disciplinary board action comes about a month into the investigation of Miller's misconduct. Miller consented to the revocation.
A lawyer could be disbarred for making false statements in the bankruptcy case of a client who wanted to hide her husband's income, the New Hampshire Supreme Court has ruled. The lawyer represented a client in a Chapter 13 bankruptcy case. The client was a newlywed who allegedly insisted that her husband and his income not be involved in her bankruptcy case.
A lawyer was not entitled to attorney fees for his own work in defeating a federal tax claim in his bankruptcy case, the 2nd Circuit has ruled in reversing a bankruptcy order. The lawyer filed for bankruptcy after the IRS determined that his firm failed to pay $31,000 in federal withholding taxes for employees the lawyer claimed were independent contractors.
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