Question re Debtor hiring counsel for her state court actions while
Posted: Thu Jun 06, 2013 3:11 pm
I subbed into a problem CH 7 case and am trying to convert it to a Chapter
13.
My motion to convert to Chapter 13 is pending and will be opposed by the
Chapter 7 Trustee who has a pending motion to hire counsel (I opposed his
motion.)
Debtor has 4 state court actions 3 where she is plaintiff, 1 where she is
defendant. Her former counsel subbed out and put her in pro per in ALL the
actions. In a state court action where she is plaintiff there is an OSC re
sanctions for her alleged bad conduct postpetition. These cases are assets
of the bankruptcy estate.
I found competent counsel to sub into all these cases for her. Can the
Debtor hire this counsel? Or can only the CH 7 Trustee hire counsel until
(or unless) we convert to Chapter 13?
The pending problem right now is that the OSC hearing in state court is
prior to my Conversion motion. I don't want Debtor to go there in pro per,
but I can't be heard as her "counsel" unless I formally sub in, and I can't
do that because it's an elder abuse case - not my area of law. I can show
up as bankruptcy counsel and maybe ask for a continuance but I don't think
I can represent her on the substance of the sanction motion.
Suggestions on how to handle??
Holly Roark
Certified Bankruptcy Specialist*
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
**For a quicker response, email me at
holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
Holly Roark
Certified Bankruptcy Specialist*
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
**For a quicker response, email me at holly@roarklawoffices.com.
I only use gmail for my listservs, and am likely to miss private emails
directed to my gmail account.**
Isubbed into a problem CH 7 case and am trying to convert it to a Chapter 13.
The pending problem right now is that the OSC hearing in state court is prior to my Conversion motion. I don
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