Study or Report of Disservice by Non-Attorneys or
what about suing the attorneys/non-attorneys who have disappeared and
taking their default? nationwide service of process works well for the
disappeared.
On Tue, Mar 12, 2013 at 4:46 PM, Catherine Christiansen wrote:
> **
>
>
> ) Thanks.
>
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
> * ***
> **
>
> ------------------------------
> *From:* Hale Andrew Antico
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Tuesday, March 12, 2013 3:52 PM
>
> *Subject:* RE: [cdcbaa] Study or Report of Disservice by Non-Attorneys or
> Inexperienced Counsel
>
>
> Is this better?
>
> http://ecf-ciao.cacb.uscourts.gov/Commu ... ib.htm#top
>
>
> ------------------------------
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Catherine Christiansen
> *Sent:* Tuesday, March 12, 2013 3:47 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Study or Report of Disservice by Non-Attorneys or
> Inexperienced Counsel
>
>
> Is anyone else having problems with the links?
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
> ****
> **
>
> ------------------------------
> *From:* Hale Andrew Antico
> *To:* cdcbaa@yahoogroups.com
> *Sent:* Tuesday, March 12, 2013 3:33 PM
> *Subject:* RE: [cdcbaa] Study or Report of Disservice by Non-Attorneys or
> Inexperienced Counsel
>
>
> Here's the link for the report Jason cited and Keith mentioned at a meeting
> last year:
>
> http://ecf-ciao.cacb.uscourts.gov/Commu ... t/2011/Pro
> SeAnnual%20Report2011.pdf
>
> The report can also be viewed online. It includes the following:
>
> * Just under 25% of pro se cases say they had a BPP
> * 14% of BPP cases filed were incomplete
>
> http://ecf-ciao.cacb.uscourts.gov/Commu ... t/2011/sec
> tioniid.htm
>
> And
>
> Based on the information brought to the Courts attention through the
> Debtor
> ID Program, discussed later in this report, and U.S. Trustee motions under
> 110, many of the BPPs are charging debtors anywhere from $400 to $1,500.
> Many of these debtors would qualify for free legal representation or could
> have filed the case themselves with the assistance of the self-help desks;
> some could have retained counsel for what they paid the BPP. On the other
> hand, a number of BPPs indeed charge $200 or less, complete all forms
> appropriately, and see debtors through to discharge.
>
> Id.
>
> Chapter 13
> * 55 percent - attorney-represented cases reach confirmation.
> * 0.4 percent - self-represented debtors that manage to get to confirmation
> of a chapter 13 plan
>
> http://ecf-ciao.cacb.uscourts.gov/Commu ... t/2011/sec
> tioniib.htm
>
> As they say, read the whole thing.
> Hale
>
> ________________________________
>
> Jason Wallach
> Sent: Tuesday, March 12, 2013 2:29 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Study or Report of Disservice by Non-Attorneys or
> Inexperienced Counsel
>
> I know that Judge Tighe headed a study of Bankruptcy Petition Preparers
> maybe 5 years ago or more; and more recently the court published a study of
> pro se debtors. The latter report is on the cacb website, under tab About
> the Courts, then Publications, last one.
> I'm not seeing the "BPP" report, but I'm pretty sure Maggie Bordeaux has
> it.
> Jason
>
> Jason Wallach
> jwallach@gladstonemichel.com
>
> On Mar 12, 2013, at 2:13 PM, Hale Andrew Antico wrote:
>
> This is the environment we're all working in. Non-attorneys undercut our
> fees, practice law without a license, and the cost-conscious or unaware
> debtor figures we're "all the same" and just goes with whomever is
> cheapest.
> But then again, you already know this. I believe the courts and UST handle
> these on a case-by-case basis. If I understand your question, I know of no
> study that proves empirically that some debtors are harmed by hiring a
> back-alley lawyer wannabe. I'd figure it's axiomatic, and the court would
> just take judicial notice of it.
>
> Hale
>
> ________________________________
>
> Giovanni Orantes
> Sent: Tuesday, March 12, 2013 1:28 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Study or Report of Disservice by Non-Attorneys or
> Inexperienced Counsel
>
> Dear Colleagues:
>
> I have come across clients in the past, and two very recently, who hired
> either a non-attorney (commercial loan broker of some sort or "notarios")
> or
> a very inexperienced recently-minted attorney who prepared the petition
> incorrectly or otherwise engaged in acts or omissions that have now put the
> debtors on the verge of losing their real estate property. This could have
> been avoided if some Supreme Court-approved pre-bankruptcy planning had
> been
> done; if more care had been taken when drafting the petition; or, if the
> clients had been simply warned to stay away from a bankruptcy filing. In my
> two most recent cases, the clients' first-language is not english --
> indeed,
> their english skills are very low as they don't need to use the language
> frequently at work.
>
> Some Judges tend not to have any sympathy for the debtors and grant relief
> from stay (which leads to their loss of their hard-earned propty) as they
> believe the debtors should look to the non-attorney or attorney who put
> them
> in this situation for compensation. Unfortunately, it is often difficult
> even to locate non-attorneys and more often than not they have no assets to
> go after and liability against the attorneys is difficult to pin down as
> they present only their side of the story.
>
> Is there any study or some other report out there about this that I can
> cite
> to the Court?
>
> --
>
> Giovanni Orantes, Esq.
> Certified Bankruptcy Specialist*
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 1980
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
>
>
>
>
>
>
>
what about suing the attorneys/non-attorneys who have disappeared and taking their default? nationwide service of process works well for the disappeared.On Tue, Mar 12, 2013 at 4:46 PM, Catherine Christiansen <christiansenlaw@yahoo.com> wrote:
) Thanks.
Law Office of Catherine Christiansen17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647Tel: (714) 375-6651 Fax: (562) 490-8572
From: Hale Andrew Antico <bk.lawyer@gmail.com>
To: cdcbaa@yahoogroups.com Sent: Tuesday, March 12, 2013 3:52 PM
Subject: RE: [cdcbaa] Study or Report of Disservice by Non-Attorneys or Inexperienced Counsel
Is
this better?
The post was migrated from Yahoo.
Unfortunately for me, as strict as he is about taking judicial notice, I'd
think Judge Zurzolo (who happens to be the judge in the 2 cases) may want
more than just my request about some proposition (e.g., that non-attorneys
harm debtors) of which I request him to take notice.
Giovanni Orantes, Esq.
Certified Bankruptcy Specialist*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Unfortunately for me, as strict as he is about taking judicial notice, I'd think Judge Zurzolo (who happens to be the judge in the 2 cases) may want more than just my request about some proposition (e.g., that non-attorneys harm debtors)of which I request him to take notice.
-- Giovanni Orantes, Esq.Certified Bankruptcy Specialist* Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010
Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
The post was migrated from Yahoo.