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Motion to Withdraw
I recently had to withdraw from a Chapter 7 where the client basically fired me and I used a subsitution of attorney form to sub me out and them in pro se and it worked.
>
> See In Re Williams 1:05-bk-15366-KT
> FYI a Substituion of Attorney Form can only be used if substituting
> in a new attorney, not the debtors pro se under LBR 2091-1.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
> RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
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> AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE
> FOR YOUR COOPERATION.
>
> On Tue, 17 Apr 2012 13:58:59 -0000, Hank Paloci
> wrote:
>
> Issues have arisen with a client, and I need to withdraw
> from a case. I sent Debtor a substitution form but he did not return it.>
> I need to find a form for a motion to withdraw, as I have never done
> one or seen one in CACB.
>
> Can anyone point to a case where they filed a motion to withdraw? All
> responses, on or off board, are appreciated.
>
> Henry Paloci, Esq.
> 888.777.2404
>
The post was migrated from Yahoo.
charsetF-8;
format="flowed"
See In Re Williams 1:05-bk-15366-KT
FYI a Substituion of Attorney Form can only be used if substituting
in a new attorney, not the debtors pro se under LBR 2091-1.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED
RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE
PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW,
USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY
PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL
AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE
FOR YOUR COOPERATION.
On Tue, 17 Apr 2012 13:58:59 -0000, Hank Paloci
wrote:
Issues have arisen with a client, and I need to withdraw
from a case. I sent Debtor a substitution form but he did not return it.
I need to find a form for a motion to withdraw, as I have never done
one or seen one in CACB.
Can anyone point to a case where they filed a motion to withdraw? All
responses, on or off board, are appreciated.
Henry Paloci, Esq.
888.777.2404
start="5h26yzote5wc@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}See In Re Williams
1:05-bk-15366-KT
FYI a Substituion of Attorney Form can only be used if substituting in a new
attorney, not the debtors pro se under LBR 2091-1.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief
Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805)
497-5868 (805) 497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS
MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS
COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL
IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS
E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY
RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN
ADVANCE FOR YOUR COOPERATION.
On Tue, 17 Apr 2012 13:58:59 -0000, Hank Paloci
<paloci66@yahoo.com> wrote:
The post was migrated from Yahoo.
There is a form on the CACB website under forms and rules. You may have to submit a declaration under seal to protect yourself from disclosing privileged information in order to get into the reason(s) you want out. Without it the court may say there aren't enough facts to grant your motion.
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Date: Tue, 17 Apr 2012 13:58:59
To:
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Subject: [cdcbaa] Motion to Withdraw
Issues have arisen with a client, and I need to withdraw from a case. I sent Debtor a substitution form but he did not return it.
I need to find a form for a motion to withdraw, as I have never done one or seen one in CACB.
Can anyone point to a case where they filed a motion to withdraw? All responses, on or off board, are appreciated.
Henry Paloci, Esq.
888.777.2404
The post was migrated from Yahoo.
I did one in IN re Steven Ingelson.
Lesley B. Davis, Esq.
Lesley Davis Law
6520 Platt Avenue #356
West Hills, CA 91307-3218
lesleydavislaw@gmail.com
424-234-3558 Direct 818-337-2191 Fax
Not intended as a substitute for a writing. Notwithstanding the Uniform
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hereinabove, this email message, its contents, and any attachments hereto
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contract and are not otherwise intended to bind the sender, Lesley Davis
Law, any of its clients, or any other person or entity.
This e-mail message and any attachments are confidential and may be
attorney-client privileged. If you are not the intended recipient, please
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On Apr 17, 2012 6:59 AM, "Hank Paloci" wrote:
> **
>
>
> Issues have arisen with a client, and I need to withdraw from a case. I
> sent Debtor a substitution form but he did not return it.
>
> I need to find a form for a motion to withdraw, as I have never done one
> or seen one in CACB.
>
> Can anyone point to a case where they filed a motion to withdraw? All
> responses, on or off board, are appreciated.
>
> Henry Paloci, Esq.
> 888.777.2404
>
>
>
I did one in IN re Steven Ingelson.
Lesley B. Davis, Esq.
Lesley Davis Law
6520 Platt Avenue #356
West Hills, CA 91307-3218
lesleydavislaw@gmail.com
424-234-3558 Direct 818-337-2191 Fax
Not intended as a substitute for a writing. Notwithstanding the Uniform Electronic Transactions Act or the applicability of any other law of similar substance or effect, absent an express statement to the contrary hereinabove, this email message, its contents, and any attachments hereto are not intended to represent an offer or acceptance to enter into a contract and are not otherwise intended to bind the sender, Lesley Davis Law, any of its clients, or any other person or entity.
This e-mail message and any attachments are confidential and may be attorney-client privileged. If you are not the intended recipient, please notify Lesley Davis Law immediately by telephone at (424) 234-3558 or by e-mail to lesleydavislaw@gmail.com and destroy all copies of this message and any attachments.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended 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 herein.
On Apr 17, 2012 6:59 AM, "Hank Paloci" <paloci66@yahoo.com> wrote:
Issues have arisen with a client, and I need to withdraw from a case. I sent Debtor a substitution form but he did not return it.
I need to find a form for a motion to withdraw, as I have never done one or seen one in CACB.
Can anyone point to a case where they filed a motion to withdraw? All responses, on or off board, are appreciated.
Henry Paloci, Esq.
888.777.2404
The post was migrated from Yahoo.
I had my first civil trial last week in state court. I mention it here because there has been much talk at times about the liability of debtors for condo association dues after a debtor surrenders the property to the bank, but before the bank takes title.
I argued that Cal. Civ. Code section 1466 stops liability for HOA assessments after all beneficial interests in the property are surrenderd. Also, section 1468 does pass the liability for HOA dues onto the mortgagee once it takes possession.
The judge agreed with all my arguments and put them into his tentative ruling, but ignored my client's defenses (unclean hands, lack of notice, laches, etc.). My clients surrendered their condo to the bank two months after filing bankruptcy and moved away. A year later when the bank finally put the title in its name the HOA sued my clients for a year's worth of HOA dues. The court agreed that Cal. Civ. Code Section 1466 stopped my clients' liability for HOA assessments after they surrendered "all beneficial interest" in the property - notwithstanding the title was still in their name. However, he awarded the HOA about $900 in dues even though it had not sent one collection notice to the clients prior to filing its lawsuit. The court found no prevailing party so each side paid its own attorney fees. The court's decision is probably perfect because both sides will be unhappy, but neither will want to risk losing more on appeal.
I believe I erred in not listing as defenses 1) violation of the bankruptcy discharge injunction, and 2) violation of the FDCPA. The court would not let me amend my answer the day of trial (I argued it was a compulsory claim, the court said permissive). The HOA tried to prorate the dues for the month of the bankruptcy filing although everyone agreed the whole month was a prepetition debt. I believe the HOA's attempt to collect the post-surrender debt was a violation of the FDCPA. Next time....
Link Schrader, Attorney
Law Office of Link W. Schrader
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Issues have arisen with a client, and I need to withdraw from a case. I sent Debtor a substitution form but he did not return it.
I need to find a form for a motion to withdraw, as I have never done one or seen one in CACB.
Can anyone point to a case where they filed a motion to withdraw? All responses, on or off board, are appreciated.
Henry Paloci, Esq.
888.777.2404
The post was migrated from Yahoo.