Central District Consumer Bankruptcy Attorney's Association

I was at a Chapter 11 341(a) about three weeks ago where the UST attorney
specifically looked for my EFDs and said, "Oh good, you are not one of
those attorneys who recycles EFDs."
The real problem here is that when you submit an EFD, you are declaring
under penalty of perjury that you HAVE, IN YOUR POSSESSION, a printed
version of the document with the client's real signature. Based on what you
have said, your friend did not have the actual document which was signed by
the Debtor.
I do not speak for anyone other than myself. I believe the ONLY fail safe
way to move forward, until the rules catch up with reality, is for us to
file a copy of the actual document signed by our clients. The only time an
EFD or /s/ should be used is when the petition is filed, and that is
because they force us to.
Sincerely,
*Michael Avanesian, Esq. *
Avanesian Law Firm
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: 818.276.2477 | Fax: 818.208.4550
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On Fri, Mar 4, 2016 at 5:44 PM, R Grace Rodriguez rgracelaw@gmail.com
[cdcbaa] wrote:
>
>
> Dear Members.
>
> I just got a call from a friend of mine who filed a Chapter 13 Bankruptcy
> in Riverside. He got Judge Johnson AND he managed to get the case
> confirmed. Miracle that was. . . he recycled an electronic declaration
> when he filed Judge Johnson's version of the Mortgage Declaration which was
> authorized by the client after the client had reviewed the mortgage
> Declaration. The client lives 2 hours away from his attorney so it was way
> too far to drive to come sign just that one document.
>
> He just got a motion from US Trustee to disgorge his $1,500 fee because he
> used a recycled declaration and the basis for the motion is "Sub-standard
> attorney services and fraud." WOW this is unbelievable. This is a
> confirmed case of all things.
>
> Worse yet in my estimation, isn't this something that could be reportable
> to the Bar because of the Fraud Allegation if he loses the motion? So
> basically the US Trustee is attempting to disgorge fees under an implicite
> threat to your bar license?
>
> I told him make nice with the trustee and stip to disgorge and withdraw
> the motion after sending them proof that he paid the client back. It is
> not worth the fight. Has anyone else run into this issue?
>
>
> R. Grace Rodriguez, Esq.
> Full service Real Estate Attorney &
> California State Bar
> Certified Bankruptcy Specialist
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for *Ex
> Parte* Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and
> delete this e-mail from your system.
>
> IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the
> Department of the Treasury, we inform you that any U.S. tax
> advice contained in this communication (including any attachments)
> is not intended or written by the practitioner to be used, and that it
> cannot be used by any taxpayer, for the purpose of (i) avoiding
> penalties that may be imposed on the taxpayer, and (ii) supporting
> the promotion or marketing of any transactions or matters addressed herein.
>
>
>
I was at a Chapter 11 341(a) about three weeks ago where the UST attorney specifically looked for my EFDs and said, "Oh good, you are not one of those attorneys who recycles EFDs."The real problem here is that when you submit an EFD, you are declaring under penalty of perjury that you HAVE, IN YOUR POSSESSION, a printed version of the document with the client's real signature. Based on what you have said, your friend did not have the actual document which was signed by the Debtor.lieve the ONLY fail safe way to move forward, until the rules catch up with reality, is for us to file a copy of the actual document signed by our clients. The only time an EFD or /s/ should be used is when the petition is filed, and that is because they force us to.
The post was migrated from Yahoo.

Dear Members.
I just got a call from a friend of mine who filed a Chapter 13 Bankruptcy
in Riverside. He got Judge Johnson AND he managed to get the case
confirmed. Miracle that was. . . he recycled an electronic declaration
when he filed Judge Johnson's version of the Mortgage Declaration which was
authorized by the client after the client had reviewed the mortgage
Declaration. The client lives 2 hours away from his attorney so it was way
too far to drive to come sign just that one document.
He just got a motion from US Trustee to disgorge his $1,500 fee because he
used a recycled declaration and the basis for the motion is "Sub-standard
attorney services and fraud." WOW this is unbelievable. This is a
confirmed case of all things.
Worse yet in my estimation, isn't this something that could be reportable
to the Bar because of the Fraud Allegation if he loses the motion? So
basically the US Trustee is attempting to disgorge fees under an implicite
threat to your bar license?
I told him make nice with the trustee and stip to disgorge and withdraw the
motion after sending them proof that he paid the client back. It is not
worth the fight. Has anyone else run into this issue?
R. Grace Rodriguez, Esq.
Full service Real Estate Attorney &
California State Bar
Certified Bankruptcy Specialist
OFF: (818) 734-7223
CEL: (818) 554-9922
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for *Ex
Parte* Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the
Department of the Treasury, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not
intended or written by the practitioner to be used, and that it cannot be
used by any taxpayer, for the purpose of (i) avoiding penalties
that may be imposed on the taxpayer, and (ii) supporting the
promotion or marketing of any transactions or matters addressed herein.
Dear Members.I just got a call from a friend of mine who filed a Chapter 13 Bankruptcy in Riverside. He got Judge Johnson AND he managed to get the case confirmed. Miracle that was. . . he recycled an electronic declaration when he filed Judge Johnson's version of the Mortgage Declaration which was authorized by the client after the client had reviewed the mortgage Declaration. The client lives 2 hours away from his attorney so it was way too far to drive to come sign just that one document.He just got a motion from US Trustee to disgorge his $1,500 fee because he used a recycled declaration and the basis for the motion is "Sub-standard attorney services and fraud." WOW this is unbelievable. This is a confirmed case of all things.Worse yet in my estimation, isn't this something that could be reportable to the Bar because of the Fraud Allegation if he loses the motion? So basically the US Trustee is attempting to disgorge fees under an implicite threat to your bar license?I told him make nice with the trustee and stip to disgorge and withdraw the motion after sending them proof that he paid the client back. ?CEL: (818) 554-9922NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not acceptnotice forEx ParteApplications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.IRS CIRCULAR 230 DISCLOSURE: To comply with requirements imposed by the Department of theTreasury, we inform you that any U.S. tax advice is not intended or written by the practitioner to be used, and that it cannot be used by anytaxpayer, for the purpose of (i) avoiding penalties that may be imposed on -family:arial;font-size:small">supporting the promotion or marketing of any transactions or matters addressed herein.

The post was migrated from Yahoo.