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Harold D. Jones, a partner in Jones & Schwartz, and Lori Lapin Jones, a practitioner who serves on the panel of Chapter 7 trustees in the Eastern District, write that among the sweeping changes to the Bankruptcy Code that were embodied in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 was the addition of a provision that prohibits an attorney from advising a client "to incur more debt in contemplation" of a bankruptcy filing. Although this provision was intended to combat abusive pre-bankruptcy conduct, it was drafted broadly and has been interpreted to prohibit an attorney from advising a client to incur additional debt under any circumstances - even where such advice is prudent.
September 16, 2008 at 12:00 AM
1 minute read
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The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.
The premier educational and networking event for employee benefits brokers and agents.
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