Judge Erithe Smith
Posted: Tue Feb 12, 2013 11:50 am
I just got off a courtcall hearing on a motion to convert a case from Ch 7
to Ch 11 and an employment application on a related case. Both denied.
The first was denied based on the fact that a spouse has a contradictory
statements in her petition where she claims to have 100% shares of a corp,
but then later says she doesn't. Admittedly she left it uncorrected for
about a year and I just stepped in as counsel but did not amend schedules
yet. The corp has no NET value due to large secured loan. In the other
case, husband, she denied my employment app because I did not mention I
represented the wife in the other case. As the creditor suggested, I
offered to file a declaration to correct this deficiency, but the judge
denied it because she "sensed" that I did not appreciate the importance of
the requirements of a Chapter 11 case. Before I appeal these rulings, does
anyone think that these rulings are unreasonable or abusive of her
discretion ? Or am I just completely off base ? Looking for an impartial
2nd, 3rd, ... opinion. Pls contact me offline.
**
Robert Kevin Lee | Certified Specialist in Bankruptcy Law
State Bar of California, Board of Legal Specialization
American Board of Certification
3435 Wilshire Boulevard, Suite 1035, Los Angeles, CA 90010
p. 888-777-0839 f. 888-777-0849 c. 310-384-4990 e. boblee.rkl@gmail.com
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I just got off a courtcall hearing on a motion to convert a case from Ch 7 to Ch 11 and an employment application on a related case. Both denied. statements in her petition where she claims to have 100% shares of a corp, but then later says she doesn't. Admittedly she left it uncorrected for about a year and I just stepped in as counsel but did not amend schedules yet. The corp has no NET value due to large secured loan. In the other case, husband, she denied my employment app because I did not mention I represented the wife in the other case. As the creditor suggested, I offered to file a declaration to correct this deficiency, but the judge denied it because she "sensed" that I did not appreciate the importance of the requirements of a Chapter 11 case. Before I appeal these rulings, does anyone think that these rulings are unreasonable or abusive of her discretion ? Or am I just completely off base ? Looking for an impartial 2nd, 3rd, ... opinion. Pls contact me offline.
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