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Substitution of Attorney requirements
Good point on associating, though I doubt liability would spring from the former bad act but be careful.
Never saw a motion for substitution in bankruptcy court but have seen a motion to withdraw/disqualify counsel. I did see a substitution of attorney get challenged in a district court since the substitution form includes /requires a court order.
Debtor should be able to select counsel of choice.
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Sep 1, 2018, at 12:32 PM, mitnicklaw@aol.com [cdcbaa] wrote:
>
> Although it is unusual, and work that should be unnecessary, a motion for substitution of attorney would be appropriate if current counsel continues to refuse to sign the Substitution.
>
> Also, if you believe that there are some liability exposure issues as to the current counsel, association with the existing lawyer would not be a good idea.
>
>
> Law Office of Eric Alan Mitnick
> 21515 Hawthorne Boulevard, Suite 1080
> Torrance, California 90503
> Telephone: (310) 792-5864
> Facsimile: (310) 347-4353
> Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
>
> Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
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>
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>
>
> -----Original Message-----
> To: cdcbaa
> Sent: Sat, Sep 1, 2018 11:41 am
> Subject: [cdcbaa] Substitution of Attorney requirements
>
>
> I am substituting into a Chapter 7 case to deal with postpetition issues for a debtor.
>
> The current attorney is (so far) not signing off on the substitution of attorney form for reasons that probably have to do with some liability exposure.
>
> Is it mandatory to have current counsel sign off on the substitution of attorney in order to it to be effectuated?
>
> I've never run into this situation before where current counsel didn't jump at the chance to get out of the case.
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
> Virus-free. www.avg.com
>
The post was migrated from Yahoo.
Although it is unusual, and work that should be unnecessary, a motion for substitution of attorney would be appropriate if current counsel continues to refuse to sign the Substitution.
Also, if you believe that there are some liability exposure issues as to the current counsel, association with the existing lawyer would not be a good idea.
Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, California 90503
Telephone: (310) 792-5864
Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com,MitnickLaw@gmail.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***
To: cdcbaa
Sent: Sat, Sep 1, 2018 11:41 am
Subject: [cdcbaa] Substitution of Attorney requirements
I am substituting into a Chapter 7 case to deal with postpetition issues for a debtor.
The current attorney is (so far) not signing off on the substitution of attorney form for reasons that probably have to do with some liability exposure.
Is it mandatory to have current counsel sign off on the substitution of attorney in order to it to be effectuated?
I've never run into this situation before where current counsel didn't jump at the chance to get out of the case.
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
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Although it is unusual, and work that should be unnecessary, a motion for substitution of attorney would be appropriate if current counsel continues to refuse to sign the Substitution. Also, if you believe that there are some liability exposure issues as to the current counsel, association with the existing lawyer would not be a good idea. Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Suite 1080
Torrance, California 90503
Telephone: (310) 792-5864Facsimile: (310) 347-4353
Email: MitnickLaw@aol.com, MitnickLaw@gmail.com
Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use. The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
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The post was migrated from Yahoo.
Has debtor received a discharge?
Can you designate yourself as post-discharge debtor.?
If he wont sub out, will he associate you in?
Very truly yours,
Shai Oved
The Law Offices of Shai Oved
7445 Topanga Cyn. Blvd., Suite 220
Canoga Park, California 91303
Tel: (818) 992-6588
Fax: (818) 992-6511
Email: ssoesq@aol.com
www.shaioved.com
________________
The information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via the postal service.. The Law Offices of Shai Oved is a debt relief agency which helps people file for bankruptcy under the Bankruptcy Code. Shai Oved is a Certified Bankruptcy Law Specialist by The State Bar of California Board of Legal Specialization.
Sent from my iPhone
> On Sep 1, 2018, at 11:41 AM, 'Mark J. Markus' bklawr@yahoo.com [cdcbaa] wrote:
>
> I am substituting into a Chapter 7 case to deal with postpetition issues for a debtor.
>
> The current attorney is (so far) not signing off on the substitution of attorney form for reasons that probably have to do with some liability exposure.
>
> Is it mandatory to have current counsel sign off on the substitution of attorney in order to it to be effectuated?
>
> I've never run into this situation before where current counsel didn't jump at the chance to get out of the case.
> --
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> Mailing Address Only:
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
> web: http://www.bklaw.com/
> Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
> This Firm is a Qualified Federal Debt Relief Agency
> ________________________________________________
> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>
> Virus-free. www.avg.com
>
Canoga Park, California 91303Tel: (818) 992-6588Fax: (818) 992-6511Email: ssoesq@aol.comThe information contained in this email is intended only for the individual or entity named above and may contain attorney privileged and confidential information. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you received this communication in error, please immediately notify us by the telephone number above and return any hard copies to us via
The post was migrated from Yahoo.
I am substituting into a Chapter 7 case to deal with postpetition
issues for a debtor.
The current attorney is (so far) not signing off on the substitution
of attorney form for reasons that probably have to do with some
liability exposure.
Is it mandatory to have current counsel sign off on the substitution
of attorney in order to it to be effectuated?
I've never run into this situation before where current counsel
didn't jump at the chance to get out of the case.
*************************
Mark J. Markus
Law Office of Mark J. Markus
_*Mailing Address Only:*_
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California
Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law
office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the
addressee, note that any disclosure, copy, distribution or use of
the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements
imposed by the IRS, we inform you that any U.S. tax advice contained
in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i)
avoiding penalties under the Internal Revenue Code or (ii)
promoting, marketing or recommending to another party any
transaction or matter addressed in this communication.
This email has been checked for viruses by AVG.
https://www.avg.com
The post was migrated from Yahoo.