Question re Debtor hiring counsel for her state court
Posted: Thu Jun 06, 2013 3:59 pm
The varied text size in my prior email was unintentional.
Nick makes some good points as always.
On Thu, Jun 6, 2013 at 3:56 PM, Kirk Brennan wrote:
> I think your idea of showing up as bankruptcy counsel and ask for a
> continuance is a good one. Explain that you can't hire new counsel yet due
> to the pending hearings in the bankruptcy court.
>
>
> On Thu, Jun 6, 2013 at 3:11 PM, Holly Roark wrote:
>
>> **
>>
>>
>> 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.**
>>
>>
>>
>>
>
>
>
> --
> Kirk Brennan
>
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The varied text size in my prior email was unintentional.Nick makes some good points as always. On Thu, Jun 6, 2013 at 3:56 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
I think your idea of showing up as bankruptcy counsel
and ask for a continuance is a good one. Explain that you can't hire new counsel yet due to the pending hearings in the bankruptcy court.
The post was migrated from Yahoo.