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How to Determine If a Conflict of Counsel Exists in Bankruptcy

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From Quick Guide: Bankruptcy Attorney Basics

Summary: Determine if a conflict of counsel exists in bankruptcy depending on whether or not the lawyer has a conflict of interest between the creditor and debtor. Learn how lawyers are legally obligated to notify their client if conflict of counsel exists with information from a lawyer in this free video on bankruptcy.

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By Andy Forman
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Andy Forman, Attorney at Law, has been in bankruptcy representation for over two decades and has lead council in over 3,000 bankruptcy cases. Forman is a member of the Florida Bar and...read more

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Video Transcript

"Well, you're involved in a bankruptcy of some sort, and you've heard the term "conflict of interest," and you ask yourself, "How do I determine if a conflict of counsel exists in a bankruptcy?" My name is Andy Forman. I'm a consumer and business bankruptcy in Tampa, Florida, and I can help you answer that question. Lawyers are duty-bound under their oath to zealously represent the interest of their client within the bounds of the law. And what that means is my duty, as a lawyer, is to represent the best interest of my client to advise them. If I have a creditor that I represent and a debtor that I represent, their interests are totally different and divergent, and I would have a conflict of interest. Bankruptcy lawyers are duty-bound under the bankruptcy code to disclose any potential conflict, even the appearance of a conflict. If you think that you're in a bankruptcy and you think your counsel may have a conflict, the best way to address that issue is to ask them. It's incumbent upon your counsel to let you know in advance if he represents any of your creditors. That would be a conflict. You need to speak to a lawyer to make sure there are no conflicts in your case. My name is Andy Forman. Good luck with your bankruptcy."

eHow Article: How to Determine If a Conflict of Counsel Exists in Bankruptcy

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