Study or Report of Disservice by Non-Attorneys or
Posted: Wed Mar 13, 2013 8:15 am
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.