.jpg)
Chapter 11 Problem Case
charset="windows-1258"
And there are others as well: Steve Fox, Lou Esbin, Pete Lively and several
others.
I think we need to create a list of those who also do Chapter 11 work -
perhaps on the website in our profiles, or perhaps a separate list on the
website? I would also like to see a grid with years of service, foreign
languages and other similar data.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Dennis McGoldrick
Sent: Thursday, February 04, 2010 9:23 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Re: Chapter 11 Problem Case
I'm sorry, I was not picking on you. At times we all extend ourselves to
help a client only to find we are trapped.
I was trying to warn others about the trap.
The state bar rules allow us to file cases with the intention of bringing in
help later.
What help do you need?
Bring the client to David or me and we can give you direction.
D
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 4, 2010, at 11:03 AM, "PRIMA" wrote:
Thank you for the criticism. I am well aware that I am not qualified to
handle Ch 11. It was an emergency filing due to the upcoming Trustee Sale.
Client was advised about my ability to handle ch 11 and was supposed to
retain more knowledgeable attorney. Unfortunately, he cannot pay the upfront
retainer of 15K and up (Ch 11 professionals wouldn't work for less). He can
only make monthly payments until some of his projects mature. As a result, I
got stuck with the case and now have to do my best. I will appreciate any
practical advise.
Maria.
McGoldrick wrote:
>
> Case management conference is set by order of the court. You have to get
the court to agree to continue the conference. UST may agree, judge may
not. Who is your judge?
>
> 11's are a ton of work. For the rest of the newbies, keep this email in
mind. You can get stuck. Before I took a chapter 11, I took a course on
chapter 11s at Loyola Law School, and still read the entire Collier's
Bankruptcy Practice Guide on how to do a reorganization, including how to
write a disclosure statement and plan.
>
> At the case management conference the Judge will expect you to be
conversant in chapter 11. The Judge will expect you to tell him/her how
you will get the debtor out of chapter 11, i.e. confirm a plan.
>
> If you make an appointment with one of the group who do chapter 11's, and
you can search the listserve, there are over 10 of us, you can get some
help.
>
> dennis
>
> --- On Wed, 2/3/10, PRIMA wrote:
>
> Subject: [cdcbaa] Re: Chapter 11 Problem Case
> To: cdcbaa@yahoogroups. com
> Date: Wednesday, February 3, 2010, 5:07 PM
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Hello everyone,
>
>
>
> I've got a similar problem. Today was 341(a) meeting for CH 11 case I
accidently got involved in. After the meeting I realized that I am not
"really" ready for the upcoming Case Management Confrerence. Is there any
way to continue it? It seems that Trustee will not object.
>
> Please let me know if it is at all possible. And if yes, what form/motion
has to be filed with court.
>
>
>
> I strongly appreciate your input.
>
>
>
> Maria
>
>
>
> --- In cdcbaa@yahoogroups. com, "David A. Tilem" wrote:
>
> >
>
> > Send her over to my office. I will interview her to see if we are
>
> > interested in the case. Tell her it will be a $200 consult.
>
> >
>
> >
>
> > David A. Tilem
>
> > Certified Bankruptcy Specialist*
>
> > Law Offices of David A. Tilem (a debt relief agency)
>
> > 206 N. Jackson Street, #201, Glendale, CA 91206
>
> > Tel: 818-507-6000 Fax: 818-507-6800
>
> >
>
> > * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>
> > Specialization.
>
> > Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
> >
>
> >
>
> > -----Original Message-----
>
f
Of
>
> > cameron_totten
>
> > Sent: Tuesday, February 02, 2010 6:02 PM
>
> > To: cdcbaa@yahoogroups. com
>
> > Subject: [cdcbaa] Chapter 11 Problem Case
>
> >
>
> >
>
> >
>
> >
>
> > Not realizing what I was getting into, I filed an emergency Chapter 11
for a
>
> > client who I was representing in a civil state court matter. I thought
that
>
> > I could simply pick up the basics but it has now gotten way out of hand.
As
>
> > I did not get a pre-petition retainer, there does not appear to be
anyway to
>
> > get paid (as far as I can tell) unless the plan is confirmed. Also, the
two
>
> > Chapter 11 lawyers that I have consulted with and was hoping to
co-counsel
>
> > or substitute in refused to touch it because of the lack of pre-petition
>
> > retainer. I'm debating what to do at this point. Needless to say, my
good
>
> > client has turned into my worst client. She would be better served with
>
> > someone with more experience with this but the rules seem to make that
very
>
> > difficult. Should I simply file a motion to withdraw? Is it worth going
door
>
> > to door to Chapter 11 attorneys to see if any are interested in taking
it
>
> > over? Any advice would be greatly appreciated. Thanks.
>
> >
>
charset="windows-1258"
Message
And there are others as
well: Steve Fox, Lou Esbin, Pete Lively and several others.
I think we need to create a
list of those who also do Chapter 11 work - perhaps on the website in our
profiles, or perhaps a separate list on the website? I would also like to
see a grid with years of service, foreign languages and other similar
data.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
I'm sorry, I was not picking on you. At times we all extend ourselves to help a client only to find we are trapped.
I was trying to warn others about the trap.
The state bar rules allow us to file cases with the intention of bringing in help later.
What help do you need?
Bring the client to David or me and we can give you direction.
D
Dennis McGoldrick
350 S. Crenshaw Bl., #A207B
Torrance, CA 90503
On Feb 4, 2010, at 11:03 AM, "PRIMA" wrote:
Thank you for the criticism. I am well aware that I am not qualified to handle Ch 11. It was an emergency filing due to the upcoming Trustee Sale. Client was advised about my ability to handle ch 11 and was supposed to retain more knowledgeable attorney. Unfortunately, he cannot pay the upfront retainer of 15K and up (Ch 11 professionals wouldn't work for less). He can only make monthly payments until some of his projects mature. As a result, I got stuck with the case and now have to do my best. I will appreciate any practical advise.
Maria.
>
> Case management conference is set by order of the court. You have to get the court to agree to continue the conference. UST may agree, judge may not. Who is your judge?
>
> 11's are a ton of work. For the rest of the newbies, keep this email in mind. You can get stuck. Before I took a chapter 11, I took a course on chapter 11s at Loyola Law School, and still read the entire Collier's Bankruptcy Practice Guide on how to do a reorganization, including how to write a disclosure statement and plan.
>
> At the case management conference the Judge will expect you to be conversant in chapter 11. The Judge will expect you to tell him/her how you will get the debtor out of chapter 11, i.e. confirm a plan.
>
> If you make an appointment with one of the group who do chapter 11's, and you can search the listserve, there are over 10 of us, you can get some help.
>
> dennis
>
> --- On Wed, 2/3/10, PRIMA wrote:
>
> Subject: [cdcbaa] Re: Chapter 11 Problem Case
> To: cdcbaa@yahoogroups.com
> Date: Wednesday, February 3, 2010, 5:07 PM
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Hello everyone,
>
>
>
> I've got a similar problem. Today was 341(a) meeting for CH 11 case I accidently got involved in. After the meeting I realized that I am not "really" ready for the upcoming Case Management Confrerence. Is there any way to continue it? It seems that Trustee will not object.
>
> Please let me know if it is at all possible. And if yes, what form/motion has to be filed with court.
>
>
>
> I strongly appreciate your input.
>
>
>
> Maria
>
>
>
> --- In cdcbaa@yahoogroups. com, "David A. Tilem" wrote:
>
> >
>
> > Send her over to my office. I will interview her to see if we are
>
> > interested in the case. Tell her it will be a $200 consult.
>
> >
>
> >
>
> > David A. Tilem
>
> > Certified Bankruptcy Specialist*
>
> > Law Offices of David A. Tilem (a debt relief agency)
>
> > 206 N. Jackson Street, #201, Glendale, CA 91206
>
> > Tel: 818-507-6000 Fax: 818-507-6800
>
> >
>
> > * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>
> > Specialization.
>
> > Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
> >
>
> >
>
> > -----Original Message-----
>
f Of
>
> > cameron_totten
>
> > Sent: Tuesday, February 02, 2010 6:02 PM
>
> > To: cdcbaa@yahoogroups. com
>
> > Subject: [cdcbaa] Chapter 11 Problem Case
>
> >
>
> >
>
> >
>
> >
>
> > Not realizing what I was getting into, I filed an emergency Chapter 11 for a
>
> > client who I was representing in a civil state court matter. I thought that
>
> > I could simply pick up the basics but it has now gotten way out of hand. As
>
> > I did not get a pre-petition retainer, there does not appear to be anyway to
>
> > get paid (as far as I can tell) unless the plan is confirmed. Also, the two
>
> > Chapter 11 lawyers that I have consulted with and was hoping to co-counsel
>
> > or substitute in refused to touch it because of the lack of pre-petition
>
> > retainer. I'm debating what to do at this point. Needless to say, my good
>
> > client has turned into my worst client. She would be better served with
>
> > someone with more experience with this but the rules seem to make that very
>
> > difficult. Should I simply file a motion to withdraw? Is it worth going door
>
> > to door to Chapter 11 attorneys to see if any are interested in taking it
>
> > over? Any advice would be greatly appreciated. Thanks.
>
> >
>
I'm sorry, I was not picking on you. At times we all extend ourselves to help a client only to find we are trapped.I was trying to warn others about the trap. The state bar rules allow us to file cases with the intention of bringing in help later. What help do you need? Bring the client to David or me and we can give you direction.DDennis McGoldrick350 S. Crenshaw Bl., #A207BTorrance, CA 90503On Feb 4, 2010, at 11:03 AM, "PRIMA" <prim_mar@yahoo.com> wrote:
Thank you for the criticism. I am well aware that I am not qualified to handle Ch 11. It was an emergency filing due to the upcoming Trustee Sale. Client was advised about my ability to handle ch 11 and was supposed to retain more knowledgeable attorney. Unfortunately, he cannot pay the upfront retainer of 15K and up (Ch 11 professionals wouldn't work for less). He can only make monthly payments until some of his projects mature. As a result, I got stuck with the case and now have to do my best. I will appreciate any practical advise.
Maria.
com, Dennis McGoldrick <easky1@...> wrote:
>
> Case management conference is set by order of the court. You have to get the court to agree to continue the conference. UST may agree, judge may not. Who is your judge?
>
> 11's are a ton of work. For the rest of the newbies, keep this email in mind. You can get stuck. Before I took a chapter 11, I took a course on chapter 11s at Loyola Law School, and still read the entire Collier's Bankruptcy Practice Guide on how to do a reorganization, including how to write a disclosure statement and plan.
>
> At the case management conference the Judge will expect you to be conversant in chapter 11. The Judge will expect you to tell him/her how you will get the debtor out of chapter 11, i.e. confirm a plan.
>
> If you make an appointment with one of the group who do chapter 11's, and you can search the listserve, there are over 10 of us, you can get some help.
>
> dennis
>
> --- On Wed, 2/3/10, PRIMA <prim_mar@...> wrote:
>
> Subject: [cdcbaa] Re: Chapter 11 Problem Case
> To: cdcbaa@yahoogroups.com
> Date: Wednesday, February 3, 2010, 5:07 PM
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Hello everyone,
>
>
>
> I've got a similar problem. Today was 341(a) meeting for CH 11 case I accidently got involved in. After the meeting I realized that I am not "really" ready for the upcoming Case Management Confrerence. Is there any way to continue it? It seems that Trustee will not object.
>
> Please let me know if it is at all possible. And if yes, what form/motion has to be filed with court.
>
>
>
> I strongly appreciate your input.
>
>
>
> Maria
>
>
>
> --- In cdcbaa@yahoogroups. com, "David A. Tilem" <DavidTilem@ ...> wrote:
>
> >
>
> > Send her over to my office. I will interview her to see if we are
>
> > interested in the case. Tell her it will be a $200 consult.
>
> >
>
> >
>
> > David A. Tilem
>
> > Certified Bankruptcy Specialist*
>
> > Law Offices of David A. Tilem (a debt relief agency)
>
> > 206 N. Jackson Street, #201, Glendale, CA 91206
>
> > Tel: 818-507-6000 Fax: 818-507-6800
>
> >
>
> > * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>
> > Specialization.
>
> > Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
> >
>
> >
>
> > -----Original Message-----
>
m] On Behalf Of
>
> > cameron_totten
>
> > Sent: Tuesday, February 02, 2010 6:02 PM
>
> > To: cdcbaa@yahoogroups. com
>
> > Subject: [cdcbaa] Chapter 11 Problem Case
>
> >
>
> >
>
> >
>
> >
>
> > Not realizing what I was getting into, I filed an emergency Chapter 11 for a
>
> > client who I was representing in a civil state court matter. I thought that
>
> > I could simply pick up the basics but it has now gotten way out of hand. As
>
> > I did not get a pre-petition retainer, there does not appear to be anyway to
>
> > get paid (as far as I can tell) unless the plan is confirmed. Also, the two
>
> > Chapter 11 lawyers that I have consulted with and was hoping to co-counsel
>
> > or substitute in refused to touch it because of the lack of pre-petition
>
> > retainer. I'm debating what to do at this point. Needless to say, my good
>
> > client has turned into my worst client. She would be better served with
>
> > someone with more experience with this but the rules seem to make that very
>
> > difficult. Should I simply file a motion to withdraw? Is it worth going door
>
> > to door to Chapter 11 attorneys to see if any are interested in taking it
>
> > over? Any advice would be greatly appreciated. Thanks.
>
> >
>
The post was migrated from Yahoo.
charset="windows-1258"
Maria:
Not everyone has the ability to file Chapter 11. It is cruel, but a reality
of life that not everyone gets to drive a Maserati.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
PRIMA
Sent: Thursday, February 04, 2010 11:04 AM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Re: Chapter 11 Problem Case
Thank you for the criticism. I am well aware that I am not qualified to
handle Ch 11. It was an emergency filing due to the upcoming Trustee Sale.
Client was advised about my ability to handle ch 11 and was supposed to
retain more knowledgeable attorney. Unfortunately, he cannot pay the upfront
retainer of 15K and up (Ch 11 professionals wouldn't work for less). He can
only make monthly payments until some of his projects mature. As a result, I
got stuck with the case and now have to do my best. I will appreciate any
practical advise.
Maria.
McGoldrick wrote:
>
> Case management conference is set by order of the court. You have to get
the court to agree to continue the conference. UST may agree, judge may
not. Who is your judge?
>
> 11's are a ton of work. For the rest of the newbies, keep this email in
mind. You can get stuck. Before I took a chapter 11, I took a course on
chapter 11s at Loyola Law School, and still read the entire Collier's
Bankruptcy Practice Guide on how to do a reorganization, including how to
write a disclosure statement and plan.
>
> At the case management conference the Judge will expect you to be
conversant in chapter 11. The Judge will expect you to tell him/her how
you will get the debtor out of chapter 11, i.e. confirm a plan.
>
> If you make an appointment with one of the group who do chapter 11's, and
you can search the listserve, there are over 10 of us, you can get some
help.
>
> dennis
>
> --- On Wed, 2/3/10, PRIMA wrote:
>
> Subject: [cdcbaa] Re: Chapter 11 Problem Case
> To: cdcbaa@yahoogroups. com
> Date: Wednesday, February 3, 2010, 5:07 PM
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Hello everyone,
>
>
>
> I've got a similar problem. Today was 341(a) meeting for CH 11 case I
accidently got involved in. After the meeting I realized that I am not
"really" ready for the upcoming Case Management Confrerence. Is there any
way to continue it? It seems that Trustee will not object.
>
> Please let me know if it is at all possible. And if yes, what form/motion
has to be filed with court.
>
>
>
> I strongly appreciate your input.
>
>
>
> Maria
>
>
>
> --- In cdcbaa@yahoogroups. com, "David A. Tilem" wrote:
>
> >
>
> > Send her over to my office. I will interview her to see if we are
>
> > interested in the case. Tell her it will be a $200 consult.
>
> >
>
> >
>
> > David A. Tilem
>
> > Certified Bankruptcy Specialist*
>
> > Law Offices of David A. Tilem (a debt relief agency)
>
> > 206 N. Jackson Street, #201, Glendale, CA 91206
>
> > Tel: 818-507-6000 Fax: 818-507-6800
>
> >
>
> > * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>
> > Specialization.
>
> > Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
> >
>
> >
>
> > -----Original Message-----
>
f
Of
>
> > cameron_totten
>
> > Sent: Tuesday, February 02, 2010 6:02 PM
>
> > To: cdcbaa@yahoogroups. com
>
> > Subject: [cdcbaa] Chapter 11 Problem Case
>
> >
>
> >
>
> >
>
> >
>
> > Not realizing what I was getting into, I filed an emergency Chapter 11
for a
>
> > client who I was representing in a civil state court matter. I thought
that
>
> > I could simply pick up the basics but it has now gotten way out of hand.
As
>
> > I did not get a pre-petition retainer, there does not appear to be
anyway to
>
> > get paid (as far as I can tell) unless the plan is confirmed. Also, the
two
>
> > Chapter 11 lawyers that I have consulted with and was hoping to
co-counsel
>
> > or substitute in refused to touch it because of the lack of pre-petition
>
> > retainer. I'm debating what to do at this point. Needless to say, my
good
>
> > client has turned into my worst client. She would be better served with
>
> > someone with more experience with this but the rules seem to make that
very
>
> > difficult. Should I simply file a motion to withdraw? Is it worth going
door
>
> > to door to Chapter 11 attorneys to see if any are interested in taking
it
>
> > over? Any advice would be greatly appreciated. Thanks.
>
> >
>
charset="windows-1258"
Message
Maria:
Not everyone has the
ability to file Chapter 11. It is cruel, but a reality of life that not
everyone gets to drive a Maserati.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
Thank you for the criticism. I am well aware that I am not qualified to handle Ch 11. It was an emergency filing due to the upcoming Trustee Sale. Client was advised about my ability to handle ch 11 and was supposed to retain more knowledgeable attorney. Unfortunately, he cannot pay the upfront retainer of 15K and up (Ch 11 professionals wouldn't work for less). He can only make monthly payments until some of his projects mature. As a result, I got stuck with the case and now have to do my best. I will appreciate any practical advise.
Maria.
>
> Case management conference is set by order of the court. You have to get the court to agree to continue the conference. UST may agree, judge may not. Who is your judge?
>
> 11's are a ton of work. For the rest of the newbies, keep this email in mind. You can get stuck. Before I took a chapter 11, I took a course on chapter 11s at Loyola Law School, and still read the entire Collier's Bankruptcy Practice Guide on how to do a reorganization, including how to write a disclosure statement and plan.
>
> At the case management conference the Judge will expect you to be conversant in chapter 11. The Judge will expect you to tell him/her how you will get the debtor out of chapter 11, i.e. confirm a plan.
>
> If you make an appointment with one of the group who do chapter 11's, and you can search the listserve, there are over 10 of us, you can get some help.
>
> dennis
>
> --- On Wed, 2/3/10, PRIMA wrote:
>
> Subject: [cdcbaa] Re: Chapter 11 Problem Case
> To: cdcbaa@yahoogroups.com
> Date: Wednesday, February 3, 2010, 5:07 PM
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> Hello everyone,
>
>
>
> I've got a similar problem. Today was 341(a) meeting for CH 11 case I accidently got involved in. After the meeting I realized that I am not "really" ready for the upcoming Case Management Confrerence. Is there any way to continue it? It seems that Trustee will not object.
>
> Please let me know if it is at all possible. And if yes, what form/motion has to be filed with court.
>
>
>
> I strongly appreciate your input.
>
>
>
> Maria
>
>
>
> --- In cdcbaa@yahoogroups. com, "David A. Tilem" wrote:
>
> >
>
> > Send her over to my office. I will interview her to see if we are
>
> > interested in the case. Tell her it will be a $200 consult.
>
> >
>
> >
>
> > David A. Tilem
>
> > Certified Bankruptcy Specialist*
>
> > Law Offices of David A. Tilem (a debt relief agency)
>
> > 206 N. Jackson Street, #201, Glendale, CA 91206
>
> > Tel: 818-507-6000 Fax: 818-507-6800
>
> >
>
> > * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>
> > Specialization.
>
> > Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
> >
>
> >
>
> > -----Original Message-----
>
f Of
>
> > cameron_totten
>
> > Sent: Tuesday, February 02, 2010 6:02 PM
>
> > To: cdcbaa@yahoogroups. com
>
> > Subject: [cdcbaa] Chapter 11 Problem Case
>
> >
>
> >
>
> >
>
> >
>
> > Not realizing what I was getting into, I filed an emergency Chapter 11 for a
>
> > client who I was representing in a civil state court matter. I thought that
>
> > I could simply pick up the basics but it has now gotten way out of hand. As
>
> > I did not get a pre-petition retainer, there does not appear to be anyway to
>
> > get paid (as far as I can tell) unless the plan is confirmed. Also, the two
>
> > Chapter 11 lawyers that I have consulted with and was hoping to co-counsel
>
> > or substitute in refused to touch it because of the lack of pre-petition
>
> > retainer. I'm debating what to do at this point. Needless to say, my good
>
> > client has turned into my worst client. She would be better served with
>
> > someone with more experience with this but the rules seem to make that very
>
> > difficult. Should I simply file a motion to withdraw? Is it worth going door
>
> > to door to Chapter 11 attorneys to see if any are interested in taking it
>
> > over? Any advice would be greatly appreciated. Thanks.
>
> >
>
The post was migrated from Yahoo.
charset="windows-1251"
To add to that, I always prepared a case management report and filed it with
the Court before the conference and served the UST. The form set out the
facts of the case and how I was going to deal with the case in general.
I totally agree with Dennis and David. It took me countless years of study
and practice to do Chapter 11s properly. They are a complete trap for the
unwary.
Hank
_____
The post was migrated from Yahoo.
Case management conferences are set by the Judge. You cannot stipulate to continue unless the judge agrees.
As David suggested, you need to set a meeting at the office of someone who knows how to do these cases, there are more than 10 who are on this listserve.
At the case status conference, you need to be conversantin chapter 11, the judge will be asking probing questions to see if the case is a real 11.
About a year ago I was in the audience when Judge Zurzolo was asking questions of an obviously unprepared attorney at a case status conference,she fainted.
dennis
f PRIMA
Sent: Wednesday, February 03, 2010 5:08 PM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Re: Chapter 11 Problem Case
Hello everyone,
I've got a similar problem. Today was 341(a) meeting for CH 11 case I accidently got involved in. After the meeting I realized that I am not "really" ready for the upcoming Case Management Confrerence. Is there any way to continue it? It seems that Trustee will not object.
Please let me know if it is at all possible. And if yes, what form/motion has to be filed with court.
I strongly appreciate your input.
Maria
>
> Send her over to my office. I will interview her to see if we are
> interested in the case. Tell her it will be a $200 consult.
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
Of
> cameron_totten
> Sent: Tuesday, February 02, 2010 6:02 PM
> To: cdcbaa@yahoogroups. com
> Subject: [cdcbaa] Chapter 11 Problem Case
>
>
>
>
> Not realizing what I was getting into, I filed an emergency Chapter 11 for a
> client who I was representing in a civil state court matter. I thought that
> I could simply pick up the basics but it has now gotten way out of hand. As
> I did not get a pre-petition retainer, there does not appear to be anyway to
> get paid (as far as I can tell) unless the plan is confirmed. Also, the two
> Chapter 11 lawyers that I have consulted with and was hoping to co-counsel
> or substitute in refused to touch it because of the lack of pre-petition
> retainer. I'm debating what to do at this point. Needless to say, my good
> client has turned into my worst client. She would be better served with
> someone with more experience with this but the rules seem to make that very
> difficult. Should I simply file a motion to withdraw? Is it worth going door
> to door to Chapter 11 attorneys to see if any are interested in taking it
> over? Any advice would be greatly appreciated. Thanks.
>
---Prima;
Case management conferences are set by the Judge. You cannot stipulate to continue unless the judge agrees.
As David suggested, you need to set a meeting at the office of someone who knows how to do these cases, there are more than 10 who are on this listserve.
At the case status conference, you need to be conversant in chapter 11, the judge will be asking probing questions to see if the case is a real 11.
About a year ago I was in the audience when Judge Zurzolo was asking questions of an obviously unprepared attorney at a case status conference, she fainted.
dennis
-----Original Message-----From: cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of PRIMASent: Wednesday, February 03, 2010 5:08 PMTo: cdcbaa@yahoogroups. comSubject: [cdcbaa] Re: Chapter 11 Problem Case
Hello everyone,I've got a similar problem. Today was 341(a) meeting for CH 11 case I accidently got involved in. After the meeting I realized that I am not "really" ready for the upcoming Case Management Confrerence. Is there any way to continue it? It seems that Trustee will not object. Please let me know if it is at all possible. And if yes, what form/motion has to be filed with court.I strongly appreciate your input.Maria--- In cdcbaa@yahoogroups. com [mailto:
The post was migrated from Yahoo.
I'll just add a bit to this, although this is mostly preaching to the
choir here:
In the past 2 weeks I have had no fewer than 5 separate attorneys (none
from our group, as far as I know) who have called and asked if I would
co-counsel with them in already-filed Ch. 11 cases because the Judge
told them they needed to hire an experienced 11 attorney. I turned
them all down, for many reasons, some of which others have stated
already on here.
The moral of the story, as Dennis points out, is not to be able to find
an attorney to get you out of your predicament, it's to not take the
case at all if you're not up to it. Or, have co-counsel set up BEFORE
you file the case (in a mentor-like situation) where one acts as lead
counsel and the other as associate.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
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On 2/3/2010 10:19 PM, Dennis McGoldrick wrote:
>
>
> Case management conference is set by order of the court. You have to
> get the court to agree to continue the conference. UST may agree,
> judge may not. Who is your judge?
>
> 11's are a ton of work. For the rest of the newbies, keep this email
> in mind. You can get stuck. Before I took a chapter 11, I took a
> course on chapter 11s at Loyola Law School, and still read the entire
> Collier's Bankruptcy Practice Guide on how to do a reorganization,
> including how to write a disclosure statement and plan.
>
> At the case management conference the Judge will expect you to be
> conversant in chapter 11. The Judge will expect you to tell him/her
> how you will get the debtor out of chapter 11, i.e. confirm a plan.
>
> If you make an appointment with one of the group who do chapter 11's,
> and you can search the listserve, there are over 10 of us, you can get
> some help.
>
> dennis
>
> --- On *Wed, 2/3/10, PRIMA //* wrote:
>
>
> Subject: [cdcbaa] Re: Chapter 11 Problem Case
> To: cdcbaa@yahoogroups.com
> Date: Wednesday, February 3, 2010, 5:07 PM
>
> Hello everyone,
>
> I've got a similar problem. Today was 341(a) meeting for CH 11
> case I accidently got involved in. After the meeting I realized
> that I am not "really" ready for the upcoming Case Management
> Confrerence. Is there any way to continue it? It seems that
> Trustee will not object.
> Please let me know if it is at all possible. And if yes, what
> form/motion has to be filed with court.
>
> I strongly appreciate your input.
>
> Maria
>
> --- In cdcbaa@yahoogroups. com
> , "David A. Tilem"
> wrote:
> >
> > Send her over to my office. I will interview her to see if we are
> > interested in the case. Tell her it will be a $200 consult.
> >
> >
> > David A. Tilem
> > Certified Bankruptcy Specialist*†
> > Law Offices of David A. Tilem (a debt relief agency)
> > 206 N. Jackson Street, #201, Glendale, CA 91206
> > Tel: 818-507-6000 Fax: 818-507-6800
> >
> > * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> > Specialization.
> > † Business bankruptcy specialist cert. by Amer. Bd. of Certification
> >
> >
> > -----Original Message-----
>
> [mailto:cdcbaa@yahoogroups. com
> ] On Behalf Of
> > cameron_totten
> > Sent: Tuesday, February 02, 2010 6:02 PM
> > To: cdcbaa@yahoogroups. com
>
> > Subject: [cdcbaa] Chapter 11 Problem Case
> >
> >
> >
> >
> > Not realizing what I was getting into, I filed an emergency
> Chapter 11 for a
> > client who I was representing in a civil state court matter. I
> thought that
> > I could simply pick up the basics but it has now gotten way out
> of hand. As
> > I did not get a pre-petition retainer, there does not appear to
> be anyway to
> > get paid (as far as I can tell) unless the plan is confirmed.
> Also, the two
> > Chapter 11 lawyers that I have consulted with and was hoping to
> co-counsel
> > or substitute in refused to touch it because of the lack of
> pre-petition
> > retainer. I'm debating what to do at this point. Needless to
> say, my good
> > client has turned into my worst client. She would be better
> served with
> > someone with more experience with this but the rules seem to
> make that very
> > difficult. Should I simply file a motion to withdraw? Is it
> worth going door
> > to door to Chapter 11 attorneys to see if any are interested in
> taking it
> > over? Any advice would be greatly appreciated. Thanks.
> >
>
>
>
>
>
The post was migrated from Yahoo.
Case management conference is set by order of the court. You have to get the court to agree to continue the conference. UST may agree, judge may not. Who is your judge?
11's are a ton of work. For the rest of the newbies, keep this email in mind. You can get stuck. Before I took a chapter 11, I took a course on chapter 11s at Loyola Law School, and still read the entire Collier's Bankruptcy Practice Guide on how to do a reorganization, including how to write a disclosure statement and plan.
At the case management conference the Judge will expect you to be conversant in chapter 11. The Judge will expect you to tell him/her how you will get the debtor out of chapter 11, i.e. confirm a plan.
If you make an appointment with one of the group who do chapter 11's, and you can search the listserve, there are over 10 of us, you can get some help.
dennis
The post was migrated from Yahoo.
Hello everyone,
I've got a similar problem. Today was 341(a) meeting for CH 11 case I accidently got involved in. After the meeting I realized that I am not "really" ready for the upcoming Case Management Confrerence. Is there any way to continue it? It seems that Trustee will not object.
Please let me know if it is at all possible. And if yes, what form/motion has to be filed with court.
I strongly appreciate your input.
Maria
>
> Send her over to my office. I will interview her to see if we are
> interested in the case. Tell her it will be a $200 consult.
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> cameron_totten
> Sent: Tuesday, February 02, 2010 6:02 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Chapter 11 Problem Case
>
>
>
>
> Not realizing what I was getting into, I filed an emergency Chapter 11 for a
> client who I was representing in a civil state court matter. I thought that
> I could simply pick up the basics but it has now gotten way out of hand. As
> I did not get a pre-petition retainer, there does not appear to be anyway to
> get paid (as far as I can tell) unless the plan is confirmed. Also, the two
> Chapter 11 lawyers that I have consulted with and was hoping to co-counsel
> or substitute in refused to touch it because of the lack of pre-petition
> retainer. I'm debating what to do at this point. Needless to say, my good
> client has turned into my worst client. She would be better served with
> someone with more experience with this but the rules seem to make that very
> difficult. Should I simply file a motion to withdraw? Is it worth going door
> to door to Chapter 11 attorneys to see if any are interested in taking it
> over? Any advice would be greatly appreciated. Thanks.
>
The post was migrated from Yahoo.