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Special appearance for pro se debtor in Chapter 13
Some thoughts
1. Conflict btw debtor & non filing should be waived in writing
2. LBR 3015-1(u) prevents you from doing only a portion of the case, it is all or nothing. I have seen the ust trying to force appearance counsel into a case where the atty of record would be removed in a chapter 7.
Sent from my iPhone
> On Nov 25, 2013, at 10:09 AM, "Steven B. Lever" wrote:
>
> Im a little confused by the fact that I can hire appearance attorneys for Chapter 13 confirmation hearings, but I cannot appear for a pro se Chapter 13 Debtor without substituting in to the case. Is that true, or am I worried about nothing?
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> I appeared for the codebtor (nonfiling) spouse earlier in the case and asserted the 11 U.S.C. 1301 codebtor stay successfully, which was necessary as it was a 3rd filing and the debtor had no 362 stay. Under the circumstances, that argument prevailed, and the 1st mortgage lender rescinded a trustees deed of sale, mooting my OSC re Violation of Stay.
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> This pro se debtor is sure to mess up if I dont have some limited involvement, but I really dont want to have him as part of my practice for 5 years if the plan is confirmed.
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> Any opinions or basis for asserting I can just specially appear for the confirmation hearing?
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> Steve
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> Law Offices of Steven B. Lever
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> >
>
> > Steven B. Lever
>
> >( Tel. (562) 436-5456 ext. 1
>
> >( Fax (562) 485-6886
>
> >* sblever@leverlaw.com
>
> > www.leverlaw.com
>
>
>
>
Im a little confused by the fact that I can hire appearance attorneys for Chapter 13 confirmation hearings, but I cannot appear for a pro se Chapter 13 Debtor without substituting in to the case. Is that true, or am I worried about nothing? I appeared for the codebtor (nonfiling) spouse earlier in the case and asserted the 11 U.S.C. 1301 codebtor stay successfully, which was necessary as it was a 3rd filing and the debtor had no 362 stay. Under the circumstances, that argument prevailed, and the 1st mortgage lender rescinded a trustees deed of sale, mooting my OSC re Violation of Stay. This pro se debtor is sure to mess up if I dont have some limited involvement, but I really dont want to have him as part of my practice for 5 years if the plan is confirmed. Any opinions or basis for asserting I can just specially appear for the confirmation hearing? >( Fax (562) 485-6886>* sblever@leverlaw.com> www.leverlaw.com
The post was migrated from Yahoo.
I'm a little confused by the fact that I can hire appearance attorneys for Chapter 13 confirmation hearings, but I cannot appear for a pro se Chapter 13 Debtor without substituting in to the case. Is that true, or am I worried about nothing?
I appeared for the codebtor (nonfiling) spouse earlier in the case and asserted the 11 U.S.C. 1301 codebtor stay successfully, which was necessary as it was a 3rd filing and the debtor had no 362 stay. Under the circumstances, that argument prevailed, and the 1st mortgage lender rescinded a trustee's deed of sale, mooting my OSC re Violation of Stay.
This pro se debtor is sure to mess up if I don't have some limited involvement, but I really don't want to have him as part of my practice for 5 years if the plan is confirmed.
Any opinions or basis for asserting I can just specially appear for the confirmation hearing?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
>( Tel. (562) 436-5456 ext. 1
>( Fax (562) 485-6886
>* sblever@leverlaw.com
> www.leverlaw.com
The post was migrated from Yahoo.