Pro Per Issue In CDCA - A Solution?
Posted: Tue Sep 25, 2012 4:08 pm
Look at Legal Zoom. They practice law in my opinion too. The practice isbeing cannabulized.
In a message dated 9/25/2012 3:01:12 P.M. Pacific Standard Time,
bankruptcy@gmail.com writes:
In 2003 we had the same issue in SDNY and EDNY. A huge BPP problem,
consumers who ended up with the short end of the stick, and an overall bad situation. EOUST took severe action to bring the BPP industry in line with the
law. Some left, some stayed.
My problem is that looking at the schedules it's clear that the BPPs are helping debtors choose exemptions and, as such, giving legal advice. People
are getting screwed and the courts seem to realize it but can't do much sua
sponte. From what I gather, trustees don't dive into the issue much
either.
As consumer advocates, part of our job is to protect the consumer. With
resources such as Public Counsel and the self-help desk, consumers who cannot
afford private representation can be helped effectively.
On Tue, Sep 25, 2012 at 2:47 PM, James T. King wrote:
The Central District of California has ALWAYS had the highest rate of selfrepresented debtors since I went into practice a few years ago.
Everything has been tried, Judges have special programs, Public Counsel has
attempted to assist them and avoid the BPP (Bankruptcy Petition Preparers), we even
started a Self Help Desk for the self represented debtor and avoid the
BPP. The OUST goes after the bad ones and is usually successful. BUT, westill have the highest rate in the nation and probably always will. But
if you think you have designed a better wheel. Go for it.
[mailto:_cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com) ] On Behalf Of Jay
Fleischman
Sent: Tuesday, September 25, 2012 2:16 PM
To: _cdcbaa@yahoogroups.com_ (mailto:cdcbaa@yahoogroups.com)
Subject: [cdcbaa] Pro Per Issue In CDCA - A Solution?
Folks, I'm new and naive around these parts so forgive me in advance if what I'm proposing is a bit Polyanna. But please stick with me on this for a
few minutes.
In preparation for my admission and move to the area, I scoured the ECF
system for Los Angeles matters. Trying to get the lay of the land, as it wer
e. I found that there are a ton of people filing their cases without theassistance of a lawyer. For the most part, these non-attorney petition
preparers are not disclosed on the schedules or during the 341 meeting.
The US Trustee has not, to my knowledge, brought any actions against the
non-attorney petition preparers ....even though the debtor often pays a
large sum of money to the non-attorney.
This amounts to not only a logjam in the court system, but harms consumerswho rely upon non-attorneys for legal advice. In the context of a Chapter13, 99% of cases filed without a lawyer are dismissed.
If a debtor were to turn on a non-attorney petitioner preparer then it
would be possible for fees to be disgorged under Section 110 as well as under
section 330. Sanctions could be awarded against the petition preparer forfailure to adhere to the requirements of section 528. The amount paid bythe debtor pre-petition could be exempted by the debtor under section 522 (b).
I'm actively looking for consumer debtors who have filed with a
non-attorney so that I may bring an action on behalf of the debtor against the
petition preparer. I know I'll likely not get paid for my time and efforts, but
it seems to me that an injustice is being done to our consumers without
anyone else taking action.
I'd appreciate it if everyone would ask their clients if they've filed forbankruptcy without a lawyer in the past and had the case dismissed. If
they're interested in possibly recovering their fees and making sure thatother don't get taken advantage of in the future, let me know.
In the alternative, if someone thinks I'm off my rocker please let me
know.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
Smart Solutions To Bill Problems
T: _626-808-4343 x704_ (tel:626-808-4343%20x704)
E: _jay@sflawca.com_ (mailto:jay@sflawca.com)
_www.ConsumerHelpCentral.com_ (http://www.consumerhelpcentral.com/)
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
Email isn't secure, so it's not confidential. By communicating with me byemail, you understand that it's not confidential.
Look at Legal Zoom. They practice law in my opinion too. The practice
is being cannabulized.
In a message dated 9/25/2012 3:01:12 P.M. Pacific Standard Time,
bankruptcy@gmail.com writes:
In 2003 we had the same issue in SDNY and EDNY. A huge BPP problem,
consumers who ended up with the short end of the stick, and an overall bad
situation. EOUST took severe action to bring the BPP industry in line
with the law. Some left, some stayed.
My problem is that looking at the schedules it's clear that the BPPs are
helping debtors choose exemptions and, as such, giving legal advice.
People are getting screwed and the courts seem to realize it but can't
do much sua sponte. From what I gather, trustees don't dive into the
issue much either.
As consumer advocates, part of our job is to protect the consumer.
With resources such as Public Counsel and the self-help desk, consumers
who cannot afford private representation can be helped effectively.
On Tue, Sep 25, 2012 at 2:47 PM, James T. King <king@kingobk.com> wrote:
The Central
District of California has ALWAYS had the highest rate of self represented
debtors since I went into practice a few years ago. Everything has
been tried, Judges have special programs, Public Counsel has attempted to
assist them and avoid the BPP (Bankruptcy Petition Preparers), we even started a Self Help Desk for the self represented debtor and avoid the
BPP. The OUST goes after the bad ones and is usually successful.
BUT, we still have the highest rate in the nation and probably always
will. But if you think you have designed a better wheel. Go for
it.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay
FleischmanSent: Tuesday, September 25, 2012 2:16 PMTo:
cdcbaa@yahoogroups.comSubject: [cdcbaa] Pro Per
Issue In CDCA - A Solution?
Folks, I'm new and naive around these parts so forgive me in advance if
what I'm proposing is a bit Polyanna. But please stick with me on this
for a few minutes.
In preparation for my admission and move to the area, I
scoured the ECF system for Los Angeles matters. Trying to get the lay
of the land, as it were. I found that there are a ton of people filing
their cases without the assistance of a lawyer. For the most part,
these non-attorney petition preparers are not disclosed on the schedules or
during the 341 meeting.
The US Trustee has
not, to my knowledge, brought any actions against the non-attorney petition
preparers ....even though the debtor often pays a large sum of money to the
non-attorney.
This amounts to not only a logjam in
the court system, but harms consumers who rely upon non-attorneys for legal
advice. In the context of a Chapter 13, 99% of cases filed without a
lawyer are dismissed.
If a debtor were
to turn on a non-attorney petitioner preparer then it would be possible for
fees to be disgorged under Section 110 as well as under section 330.
Sanctions could be awarded against the petition preparer for failure
to adhere to the requirements of section 528. The amount paid by the
debtor pre-petition could be exempted by the debtor under section 522
(b).
I'm actively
looking for consumer debtors who have filed with a non-attorney so that I
may bring an action on behalf of the debtor against the petition preparer.
I know I'll likely not get paid for my time and efforts, but it seems
to me that an injustice is being done to our consumers without anyone else
taking action.
I'd appreciate it
if everyone would ask their clients if they've filed for bankruptcy without
a lawyer in the past and had the case dismissed. If they're interested
in possibly recovering their fees and making sure that other don't get taken
advantage of in the future, let me know.
In the
alternative, if someone thinks I'm off my rocker please let me
know.
-------------
Jay S. Fleischman, Esq.
Shaev & Fleischman,
LLP
Smart Solutions To Bill
Problems
T: 626-808-4343 x704
E:
The post was migrated from Yahoo.