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Standards Governing Attorney Conduct in the Bankruptcy Courts: Report to the Judicial Conference Advisory Committee on Bankruptcy Rules

Marie Leary, Robert J. Niemic, Melissa Deckman Fallon
March 1, 1999
Available Online Only

Bankruptcy courts are different from the district courts in the attorney conduct area in that attorneys who practice in bankruptcy courts are subject to a complex statutory system, which includes bankruptcy-specific conflict of interest criteria and other standards directly governing attorney conduct. The Judicial Conference Committee on Rules of Practice and Procedure in conjunction with the Advisory Committee on Bankruptcy Rules requested the Federal Judicial Center to conduct a study of attorney conduct issues in the bankruptcy courts. In December 1998, the Center sent 317 questionnaires to all chief bankruptcy judges (including bankruptcy judges in districts with only one bankruptcy judge) and to all other bankruptcy judges. This report presents the results of the survey.