An Attorney Who does Not Regularly Practice Bankruptcy law is often involved in a bankruptcy adversary proceeding because the attorney was involved in a lawsuit filed pre-petition or the attorney represented a creditor or had an existing relationship with another party in the past. This can present a significant learning curve for an attorney; however, the court expects that all attorneys appearing in adversary proceedings be informed of court procedures, statutes and rules. Inexperience with bankruptcy law is not a valid excuse for filing documents late or requesting a continuance of a court proceeding due to lack of preparation. An attorney should set aside time to become informed, to timely communicate with opposing attorneys, to file documents on time, and to prepare for court proceedings. If necessary, consult with a bankruptcy attorney or hire a bankruptcy attorney as co-counsel.
FAQ Type:
After Filing Bankruptcy