Pro Per Issue In CDCA - A Solution?
Posted: Tue Sep 25, 2012 4:37 pm
People with debts for medical expenses deserve help, people with debts for automobiles
and credit cards, and sometimes houses can afford a lawyer.
In a message dated 9/25/2012 4:17:50 P.M. Pacific Standard Time,
bankruptcy@gmail.com writes:
It's not so much a question of cannibalization, in my opinion; some people can't afford a lawyer, and that's fine. They deserve proper
representation in a self-help venue; at the very least, they deserve to not be exploited
by those who would prey on the unsophisticated. Much as we battle
creditors, we need to battle BPPs.
I'm taking up the fight. All I need is a good client.
Tighe is on the case, huh? Good; now all we need are the rest of the
judges and the case trustees.
On Tue, Sep 25, 2012 at 4:08 PM, wrote:
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_ (mailto: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 badsituation. 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 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, 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 itwere. 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 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 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 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.
People with debts for medical expenses deserve help, people with debts for
automobiles
and credit cards, and sometimes houses can afford a lawyer.
In a message dated 9/25/2012 4:17:50 P.M. Pacific Standard Time,
bankruptcy@gmail.com writes:
It's not so much a question of cannibalization, in my opinion; some people
can't afford a lawyer, and that's fine. They deserve proper
representation in a self-help venue; at the very least, they deserve to not be
exploited by those who would prey on the unsophisticated. Much as we
battle creditors, we need to battle BPPs.
I'm taking up the fight. All I need is a good client.
Tighe is on the case, huh? Good; now all we need are the rest of
the judges and the case trustees.
On Tue, Sep 25, 2012 at 4:08 PM, <robert90701@aol.com> wrote:
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
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