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Motion to Withdraw
You'll also want to review the CA Rules of Professional Conduct, Rule 3-700.
On Friday, March 20, 2015, Holly Roark wrote:
> There's nothing wrong with following the rules.
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com
> **primary
> email address**
> www.roarklawoffices.com
> Central District of California - Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
> 922-5100
>
>
> On Fri, Mar 20, 2015 at 3:23 PM, sam@southbaybk.com
> [cdcbaa] cdcbaa@yahoogroups.com
> > wrote:
>
>>
>>
>> WOW - just logged on. Lots of responses to this. Not to beat at dead
>> horse but......9013-1(p)(4) allows for withdrawal on NOTICE BUT NO HEARING.
>> The rule then refers one to 2091-1(a) - which just states that one has to
>> give notice to the debtor (among others) of the motion to withdraw.
>> Absolutely nothing in either rule about a hearing, except to say that a
>> hearing is NOT required! This didn't seem right to me, but I don't know how
>> else to read it except that I file the motion, notice it and upload the
>> order. No hearing. BTW - I am not subbing in anyone and the Debtor is
>> uncooperative (to put it mildly). I also have an appearance in 2 weeks that
>> I prefer not to make.
>>
>>
>
>
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
922-5100
You'llalso want to review the CARules of Professional Conduct, Rule 3-700.On Friday, March 20, 2015, Holly Roark <
The post was migrated from Yahoo.
There's nothing wrong with following the rules.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
922-5100
On Fri, Mar 20, 2015 at 3:23 PM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> WOW - just logged on. Lots of responses to this. Not to beat at dead horse
> but......9013-1(p)(4) allows for withdrawal on NOTICE BUT NO HEARING. The
> rule then refers one to 2091-1(a) - which just states that one has to give
> notice to the debtor (among others) of the motion to withdraw. Absolutely
> nothing in either rule about a hearing, except to say that a hearing is NOT
> required! This didn't seem right to me, but I don't know how else to read
> it except that I file the motion, notice it and upload the order. No
> hearing. BTW - I am not subbing in anyone and the Debtor is uncooperative
> (to put it mildly). I also have an appearance in 2 weeks that I prefer not
> to make.
>
>
There's nothing wrong with following the rules.Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
The post was migrated from Yahoo.
Sam, why not do it pursuant to an OST?
On Thu, Mar 19, 2015 at 3:41 PM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> I am trying to understand 9013-1(p) and 2091-1(a) in regards to a motion
> to withdraw as debtor's counsel in a chapter 7. Do I use the
> normal negative (scream or die) notice? Or do I just file the Motion, POS
> and upload the order? I need to do it quickly.
>
>
>
Sam, why not do it pursuant to an OST?On Thu, Mar 19, 2015 at 3:41 PM, sam@southbaybk.com [cdcbaa] <
I am trying to understand 9013-1(p) and 2091-1(a) in regards to a motion to withdraw as debtor's counsel in a chapter 7. Do I use the normalnegative (scream or die) notice? Or do I just file the Motion, POS and upload the order? I need to do it quickly.
The post was migrated from Yahoo.
Assuming another attorney subbing in signed the form and the client signed
off, you can just upload the form and order.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
922-5100
On Thu, Mar 19, 2015 at 4:41 PM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> I am trying to understand 9013-1(p) and 2091-1(a) in regards to a motion
> to withdraw as debtor's counsel in a chapter 7. Do I use the
> normal negative (scream or die) notice? Or do I just file the Motion, POS
> and upload the order? I need to do it quickly.
>
>
>
Assuming another attorney subbing in signed the form and the client signed off, you can just upload the form and order.Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
The post was migrated from Yahoo.
Debtor cannot sign a substitution if they are going to be in pro per. It
needs a motion if they are going to be in pro per. If another attorney is
subbing in, they can sign the substitution. There is a form.
If you need to file a motion, it needs to be served on the client. I would
set it for hearing to allow the client to show up and say their piece if
they want to.
I just had such a hearing this morning. Client showed up and opposed my
withdrawal. Luckily I got let out anyway, even after tentative was against
me.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
holly@roarklawoffices.com **primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
*By State Bar of California Board of Legal Specialization
**Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
922-5100
On Thu, Mar 19, 2015 at 5:05 PM, Michael Avanesian michael@avanesianlaw.com
[cdcbaa] wrote:
>
>
> Hi Sam. I am not 100% sure but my understanding is if it's a consensual
> substitution of attorney, 2091-1(b) applies and you don't need to notice it
> out. If it's not consensual, i.e. you case, then you need to file the
> motion standard negative notice.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> 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 Thu, Mar 19, 2015 at 3:41 PM, sam@southbaybk.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> I am trying to understand 9013-1(p) and 2091-1(a) in regards to a motion
>> to withdraw as debtor's counsel in a chapter 7. Do I use the
>> normal negative (scream or die) notice? Or do I just file the Motion, POS
>> and upload the order? I need to do it quickly.
>>
>>
>
>
Debtor cannot sign a substitution if they are going to be in pro per. It needs a motion if they are going to be in pro per. If another attorney is subbing in, they can sign the substitution. There is a form.If you need to file a motion, it needs to be served on the client. I would set it for hearing to allow the client to show up and say their piece if they want to.I just had such a hearing this morning. Client showed up and opposed my withdrawal. Luckily I got let out anyway, even after tentative was against me. Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
The post was migrated from Yahoo.
Hi Sam. I am not 100% sure but my understanding is if it's a consensual
substitution of attorney, 2091-1(b) applies and you don't need to notice it
out. If it's not consensual, i.e. you case, then you need to file the
motion standard negative notice.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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 Thu, Mar 19, 2015 at 3:41 PM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> I am trying to understand 9013-1(p) and 2091-1(a) in regards to a motion
> to withdraw as debtor's counsel in a chapter 7. Do I use the
> normal negative (scream or die) notice? Or do I just file the Motion, POS
> and upload the order? I need to do it quickly.
>
>
>
Hi Sam. I am not 100% sure but my understanding is if it's a consensual substitution of attorney, 2091-1(b) applies and you don't need to notice it out. If it's not consensual, i.e. you case, then you need to file the motion standard negative notice.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, 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 Thu, Mar 19, 2015 at 3:41 PM, sam@southbaybk.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
I am trying to understand 9013-1(p) and 2091-1(a) in regards to a motion to withdraw as debtor's counsel in a chapter 7. Do I use the normalnegative (scream or die) notice? Or do I just file the Motion, POS and upload the order? I need to do it quickly.
The post was migrated from Yahoo.
2:10-bk-53397
Email me off list if you want the word file.
Jonathan Leventhal, Esq.
Leventhal Law Group, P.C.
Tel.: 818-347-5800
Fax: 818-936-0302
[cid:image003.jpg@01CDBE9C.A082E180]
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
This email and any attachments thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this email (or any attachments thereto) by others is strictly prohibited. If you are not the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this email and any attachments thereto.
Leventhal Law Group, P.C. is a Debt Relief Agency under federal law.
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The post was migrated from Yahoo.
Anyone willing to share a sample motion to withdraw or a case cite to one?
Cheers,
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
Anyone willing to share a sample motion to withdraw or a case cite to one?Cheers,-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
I saw this issue dealt with last week by a debtor's counsel in chapter
13 case in the northern district. Attorney filed motion to withdraw
based on conflict of interest 3 weeks before trial in our case. Motion
only referenced generalities. Judge set in camera hearing in front of
one of the other bk judges for details and report back to trial judge
as to whether conflict existed to merrit withdrawal. They did not even
provide me notice of the in camera hearing as creditor' s counsel, not
that I could have attended w/ privileged info being discussed.
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 (fax)
On Wed, 18 Apr 2012 02:58:40 +0000, pat@fitzgreenlaw.com wrote:
A declaration under seal would violate the duty of
confidentiality. It would be ratting out the client to the judge,
which is no different than saying the bad stuff in your motion.
> Pat Green
> Sent from my Verizon Wireless BlackBerry
>
> -------------------------
> cdcbaa@yahoogroups.com Date: Tue, 17 Apr 2012 14:50:48 +0000
> To:
> ReplyTo: cdcbaa@yahoogroups.com Subject: Re: [cdcbaa] Motion to Withdraw
>
> 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. Sent via BlackBerry
>
> -------------------------
> Apr 2012 13:58:59 -0000
> To:
> ReplyTo: cdcbaa@yahoogroups.com 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.