Another big focus for Bank of America investors -- as usual -- will be litigation costs tied to mortgage securities it must buy back from investors who argue the bank made false representations about the securities. Bank of America has already paid out billions of dollars to settle mortgage putback claims, and remaining exposure is an open question.

"They have done a great job telling everybody this is behind them. We have to wait and see. I'm one of the guys who thinks there's more negative surprises coming," Miller says.

-- Written by Dan Freed in New York.

Disclosure: TheStreet's editorial policy prohibits staff editors, reporters and analysts from holding positions in any individual stocks.

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