Judge Boroff Issues Opinion

This is an interesting new Judge Boroff case from the District of Massachusetts. If an attorney represents a Chapter 7 Debtor, he cannot also undertake the representation of a third party (such as the Debtor's spouse) in an avoidance action (attempting to undo a transfer or sale of property) brought by the Trustee. The rationale is that counsel to a Chapter 7 debtor assumes duties to cooperate with the Trustee and that it would be a breach of those duties to accept any representation adverse to the Bankruptcy Estate.