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Withdrawing from representation issues/quandary

Posted: Sat Sep 13, 2014 8:12 pm
by Yahoo Bot

You are correct.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
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.**
On Sat, Sep 13, 2014 at 5:40 PM, jesseelaw@aol.com [cdcbaa] wrote:
>
>
> Holly,
>
> Pursuant to LBR 2091-1 requires the attorney of record to file a motion
> requesting to be relieved as counsel. A substitution of attorney is only
> sufficient if other counsel is substituting in to represent the client. If
> the client is going to be pro se Court approval is required. You can
> attach the substitution of attorney form as a exhibit to the motion to show
> it is consensual.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
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> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
>
> In a message dated 9/13/2014 12:18:14 P.M. Pacific Daylight Time,
> cdcbaa@yahoogroups.com writes:
>
>
>
> I have not subbed out yet. I have the signed form from them. I just need
> to file it. I just re-read the RARA and agree. The claims objections are
> not in bold.
>
> On Saturday, September 13, 2014, 'Steven B. Lever' sblever@leverlaw.com
> [cdcbaa] wrote:
>
>>
>>
>> Holly:
>>
>>
>>
>> You cannot do anything for a client in a case unless youre the counsel
>> of record. Im not sure if youre substituted out you have a duty to do
>> claims objections. Yes, they may need to be done, but if youre not her
>> counsel anymore all you have to do is advise her to do it. I disagree that
>> the RARA requires you to do it. Claims objections are in the not bolded
>> portion that requires extra fees, and so for the $4K you presumably will
>> receive youre under no duty to do it for that fee. If you havent been
>> paid in full under the RARA you might want to call the presiding trustee
>> and ask her staff what their policy is on paying the RARA fee if you
>> withdraw.
>>
>>
>>
>> Steven B. Lever
>>
>>
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>> *Sent:* Friday, September 12, 2014 6:31 PM
>> *To:* Strictly Bankruptcy Issues; cdcbaa
>> *Subject:* [cdcbaa] Withdrawing from representation issues/quandary
>>
>>
>>
>>
>>
>> I need to withdraw in a chapter 13 due to communication problems with the
>> client. The judge knows of my intent to withdraw and reserved a hearing
>> date for my motion (not yet filed). Client agreed to sub me out rather than
>> go by motion and has signed the substitution form to sub in in pro per.
>> BUT, client wants me to object to some claims first, and I am thinking that
>> under the RARA I probably have a duty to do so. The plan is confirmed
>> already.
>>
>> I'm in a little quandary here. The claim objections are easy - the debts
>> are old and past the statute of limitations. BUT, I want to sub out now,
>> and if I file those objections (which will probably go unopposed), at some
>> point an order, or dec and order will need to be lodged. I'm wondering
>> what's the best way to handle this.
>>
>> I was going to sub out today. But I can't do that and then file the claim
>> objections. So, what happens if I file the objections and then sub out with
>> these motions pending? Is that really bad? Do I have to stay in until I get
>> the orders, or could I just send a draft of the Orders to the debtor to
>> lodge in pro per when the appropriate time comes?
>>
>> I am just not sure how I should handle. I want out of this case ASAP, but
>> I think I should object to the claims.
>>
>>
>>
>>
>>
>>
>> Holly Roark
>>
>> Certified Bankruptcy Specialist*
>>
>> *and Sports Lawyer*
>>
>> 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*
> *and Sports Lawyer*
> 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.**
>
>
>
>
You are correct.Certified Bankruptcy Specialist*and Sports Lawyer
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
The post was migrated from Yahoo.

Withdrawing from representation issues/quandary

Posted: Sat Sep 13, 2014 12:18 pm
by Yahoo Bot

I have not subbed out yet. I have the signed form from them. I just need to
file it. I just re-read the RARA and agree. The claims objections are not
in bold.
On Saturday, September 13, 2014, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> Holly:
>
>
>
> You cannot do anything for a client in a case unless youre the counsel of
> record. Im not sure if youre substituted out you have a duty to do
> claims objections. Yes, they may need to be done, but if youre not her
> counsel anymore all you have to do is advise her to do it. I disagree that
> the RARA requires you to do it. Claims objections are in the not bolded
> portion that requires extra fees, and so for the $4K you presumably will
> receive youre under no duty to do it for that fee. If you haven> paid in full under the RARA you might want to call the presiding trustee
> and ask her staff what their policy is on paying the RARA fee if you
> withdraw.
>
>
>
> Steven B. Lever
>
>
>
> *From:* cdcbaa@yahoogroups.com
> [mailto:
> cdcbaa@yahoogroups.com
> ]
> *Sent:* Friday, September 12, 2014 6:31 PM
> *To:* Strictly Bankruptcy Issues; cdcbaa
> *Subject:* [cdcbaa] Withdrawing from representation issues/quandary
>
>
>
>
>
> I need to withdraw in a chapter 13 due to communication problems with the
> client. The judge knows of my intent to withdraw and reserved a hearing
> date for my motion (not yet filed). Client agreed to sub me out rather than
> go by motion and has signed the substitution form to sub in in pro per.
> BUT, client wants me to object to some claims first, and I am thinking that
> under the RARA I probably have a duty to do so. The plan is confirmed
> already.
>
> I'm in a little quandary here. The claim objections are easy - the debts
> are old and past the statute of limitations. BUT, I want to sub out now,
> and if I file those objections (which will probably go unopposed), at some
> point an order, or dec and order will need to be lodged. I'm wondering
> what's the best way to handle this.
>
> I was going to sub out today. But I can't do that and then file the claim
> objections. So, what happens if I file the objections and then sub out with
> these motions pending? Is that really bad? Do I have to stay in until I get
> the orders, or could I just send a draft of the Orders to the debtor to
> lodge in pro per when the appropriate time comes?
>
> I am just not sure how I should handle. I want out of this case ASAP, but
> I think I should object to the claims.
>
>
>
>
>
>
> Holly Roark
>
> Certified Bankruptcy Specialist*
>
> *and Sports Lawyer*
>
> 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*
*and Sports Lawyer*
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.**
I have not subbed out yet. I have the signed form from them. I just need to file it.I just re-read the RARA and agree. The claims objections are not in bold.On Saturday, September 13, 2014, 'Steven B. Lever' sblever@leverlaw.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.

Withdrawing from representation issues/quandary

Posted: Sat Sep 13, 2014 10:15 am
by Yahoo Bot


The post was migrated from Yahoo.

Withdrawing from representation issues/quandary

Posted: Fri Sep 12, 2014 6:30 pm
by Yahoo Bot

I need to withdraw in a chapter 13 due to communication problems with the
client. The judge knows of my intent to withdraw and reserved a hearing
date for my motion (not yet filed). Client agreed to sub me out rather than
go by motion and has signed the substitution form to sub in in pro per.
BUT, client wants me to object to some claims first, and I am thinking that
under the RARA I probably have a duty to do so. The plan is confirmed
already.
I'm in a little quandary here. The claim objections are easy - the debts
are old and past the statute of limitations. BUT, I want to sub out now,
and if I file those objections (which will probably go unopposed), at some
point an order, or dec and order will need to be lodged. I'm wondering
what's the best way to handle this.
I was going to sub out today. But I can't do that and then file the claim
objections. So, what happens if I file the objections and then sub out with
these motions pending? Is that really bad? Do I have to stay in until I get
the orders, or could I just send a draft of the Orders to the debtor to
lodge in pro per when the appropriate time comes?
I am just not sure how I should handle. I want out of this case ASAP, but I
think I should object to the claims.
Holly Roark
Certified Bankruptcy Specialist*
*and Sports Lawyer*
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.**
I need to withdraw in a chapter 13 due to communication problems with the client. The judge knows of my intent to withdraw and reserved a hearing date for my motion (not yet filed). Client agreed to sub me out rather than go by motion and has signed the substitution form to sub in in pro per. BUT, client wants me to object to some claims first, and I am thinking that under the RARA I probably have a duty to do so. The plan is confirmed already.I'm in a little quandary here. The claim objections are easy - the debts are old and past the statute of limitations. BUT, I want to sub out now, and if I file those objections (which will probably go unopposed), at some point an order, or dec and order wil
The post was migrated from Yahoo.