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How do I get out of a Ch. 7?
That's what I assumed. Thanks.
----- Original Message -----
To: 'cdcbaa@yahoogroups.com'
Sent: Monday, July 12, 2004 9:27 AM
Subject: RE: [cdcbaa] How do I get out of a Ch. 7?
I think if you've signed a LIMITED SCOPE OF APPEARANCE that doesn't include post-discharge representation, you've done your job for this client. Just make sure you have a letter in the file advising her to seek counsel regarding her still ongoing problem so she can't claim later that you abandoned her.
Ray
-----Original Message-----
Sent: Sunday, July 11, 2004 10:30 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] How do I get out of a Ch. 7?
Of course I have. She doesn't want to do a Ch. 13, and even if she does, she's going to be bitching and moaning the whole way about having to pay the money. Folks, I'm not even slightly worried about a malpractice action. I have documentation up the wazoo showing that I advised her of all of these risks. What I want to do is not have to deal with her anymore. There is no way I'm representing her in a Ch 13 case. But I want to know if I need to do anything specific to stop representing her presently.
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
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entity to which it is addressed and may contain information that is privileged,
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Mark,
I agree with Vernon and David that it is now damage control to protect yourself. have you thought about converting to Chatper 13 and doing a percentage plan instead?
Nate
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That's what I assumed. Thanks.
----- Original Message -----
From:
Raymond
Bulaon
To: 'cdcbaa@yahoogroups.com'
Sent: Monday, July 12, 2004 9:27 AM
Subject: RE: [cdcbaa] How do I get out of
a Ch. 7?
I
think if you've signed a LIMITED SCOPE OF APPEARANCE that doesn't include
post-discharge representation, you've done your job for this client.
Just make sure you have a letter in the file advising her to seek counsel regarding her still ongoing problem so she can't claim later that you
abandoned her.
Ray
-----Original Message-----From: Mark J. Markus
[mailto:bklawr@bklaw.com]Sent: Sunday, July 11, 2004 10:30
AMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] How
do I get out of a Ch. 7?
Of course I have. She doesn't want to do
a Ch. 13, and even if she does, she's going to be bitching and moaning the
whole way about having to pay the money. Folks, I'm not even
slightly worried about a malpractice action. I have documentation up
the wazoo showing that I advised her of all of these risks. What
I want to do is not have to deal with her anymore. There is no
way I'm representing her in a Ch 13 case. But I want to know if I need
to do anything specific to stop representing her presently.
***********************************************Mark J.
MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB
#403Studio City, CA 91604-2652(818)509-1173(818)509-1460
(fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.
charset="ISO-8859-1"
I think if you've signed a LIMITED SCOPE OF APPEARANCE that doesn't include
post-discharge representation, you've done your job for this client. Just
make sure you have a letter in the file advising her to seek counsel
regarding her still ongoing problem so she can't claim later that you
abandoned her.
Ray
Sent: Sunday, July 11, 2004 10:30 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] How do I get out of a Ch. 7?
Of course I have. She doesn't want to do a Ch. 13, and even if she does,
she's going to be bitching and moaning the whole way about having to pay the
money. Folks, I'm not even slightly worried about a malpractice action. I
have documentation up the wazoo showing that I advised her of all of these
risks. What I want to do is not have to deal with her anymore. There is
no way I'm representing her in a Ch 13 case. But I want to know if I need
to do anything specific to stop representing her presently.
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is
privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and
destroy the
original message and all copies.
Mark,
I agree with Vernon and David that it is now damage control to protect
yourself. have you thought about converting to Chatper 13 and doing a
percentage plan instead?
Nate
_____
Do you Yahoo!?
New
The post was migrated from Yahoo.
Of course I have. She doesn't want to do a Ch. 13, and even if she does, she's going to be bitching and moaning the whole way about having to pay the money. Folks, I'm not even slightly worried about a malpractice action. I have documentation up the wazoo showing that I advised her of all of these risks. What I want to do is not have to deal with her anymore. There is no way I'm representing her in a Ch 13 case. But I want to know if I need to do anything specific to stop representing her presently.
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
Mark,
I agree with Vernon and David that it is now damage control to protect yourself. have you thought about converting to Chatper 13 and doing a percentage plan instead?
Nate
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Of course I have. She doesn't want to do a
Ch. 13, and even if she does, she's going to be bitching and moaning the whole
way about having to pay the money. Folks, I'm not even slightlyworried about a malpractice action. I have documentation up the wazooshowing that I advised her of all of these risks. What I want to do
is not have to deal with her anymore. There is no way I'm
representing her in a Ch 13 case. But I want to know if I need to doanything specific to stop representing her presently.
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.
"Mark J. Markus" wrote:
I should have made myself a little more clear. Client is not going to be happy no matter what happens (unless the Trustee suddenly decides he doesn't want to sell the property, which ain't gonna happen). What I want to find out is: Do I need to get a substitution of attorney signed, or can I just stop representing client, since this is all post discharge in a Ch. 7?
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
To: cdcbaa@yahoogroups.com
Sent: Friday, July 09, 2004 3:26 PM
Subject: RE: [cdcbaa] How do I get out of a Ch. 7?
I sympathize. The real issue is not whether you get paid or not, but whether you get sued or not. I suggest you do what you can, for free, to pacify the client and get the deal done so that there is no malpractice claim.
Good luck.
Vernon L. Ellicott, Esq.
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805) 446-6262 phone
(805) 446-6264 fax
Sent: Friday, July 09, 2004 2:11 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] How do I get out of a Ch. 7?
I'm representing a debtor in a Ch. 7 case that now has the debtor accusing me of screwing up her case because the trustee is selling one of her two pieces of real property. She now sought the advice of real estate attorney who told her I screwed up because one of the properties should have been listed with debtor as the legal owner only (mother as equitable owner). I advised debtor before we filed the case to get a real estate attorney's advice and she refused (didn't have money she says).
Anyway, long story short, this is now all post discharge and I've been negotiating with the Ch. 7 Trustee to purchase the estate's equity in the property.
I want to get out of the representation now. Every e-mail with the debtor has turned into an attack with me defending. Obviously none of this is part of my retainer agreement. I've actually been working for free for the last few months.
What do I need to do to get out of this??
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
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Mark,
I agree with Vernon and David that it is now damage control to protect yourself. have you thought about converting to Chatper 13 and doing a percentage plan instead?
Nate
Do you Yahoo!?
New and Improved Yahoo! Mail - Send 10MB messages!
"Mark J. Markus" <bklawr@bklaw.com> wrote:
I should have made myself a little more clear. Client is not going to be happy no matter what happens (unless the Trustee suddenly decides he doesn't want to sell the property, which ain't gonna happen). What I want to find out is: Do I need to get a substitution of attorney signed, or can I just stop representing client, since this is all post discharge in a Ch. 7?
***********************************************Mark J. MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA 91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb: http://www.bklaw.com/****************** ... dentiality Note: This e-mail is intended only for the person orentity to which it is addressed and may contain information that is privileged,confidential, or otherwise protected from disclosure. Dissemination,distribution, or copying of this e-mail or the information herein by anyoneother than the intended recipient, or an employee or agent responsible fordelivering the message to the intended recipient, is prohibited. If youhave received this e-mail in error, please notify us immediately at (818)509-1173 or e-mail us at bklawr@bklaw.com and destroy the original message and all copies.
----- Original Message -----
From: Law Offices of Vernon L. Ellicott
To: cdcbaa@yahoogroups.com
Sent: Friday, July 09, 2004 3:26 PM
Subject: RE: [cdcbaa] How do I get out of a Ch. 7?
I sympathize. The real issue is not whether you get paid or not, but whether you get sued or not. I suggest you do what you can, for free, to pacify the client and get the deal done so that there is no malpractice claim.
Good luck.Vernon L. Ellicott, Esq.Law Offices of Vernon L. Ellicott920 Hampshire Road, Suite 25Westlake Village, CA 91361(805) 446-6262 phone(805) 446-6264 fax
-----Original Message-----From: Mark J. Markus [mailto:bklawr@bklaw.com]Sent: Friday, July 09, 2004 2:11 PMTo: cdcbaa@yahoogroups.comSubject: [cdcbaa] How do I get out of a Ch. 7?
I'm representing a debtor in a Ch. 7 case that now has the debtor accusing me of screwing up her case because the trustee is selling one of her two pieces of real property. She now sought the advice of real estate attorney who told her I screwed up because one of the properties should have been listed with debtor as the legal owner only (mother as equitable owner). I advised debtor before we filed the case to get a real estate attorney's advice and she refused (didn't have money she says).
Anyway, long story short, this is now all post discharge and I've been negotiating with the Ch. 7 Trustee to purchase the estate's equity in the property.
I want to get out of the representation now. Every e-mail with the debtor has turned into an attack with me defending. Obviously none of this is part of my retainer agreement. I've actually been working for free for the last few months.
What do I need to do to get out of this??
***********************************************Mark J. MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA 91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb: http://www.bklaw.com/****************** ... dentiality Note: This e-mail is intended only for the person orentity to which it is addressed and may contain information that is privileged,confidential, or otherwise protected from disclosure. Dissemination,distribution, or copying of this e-mail or the information herein by anyoneother than the intended recipient, or an employee or agent responsible fordelivering the message to the intended recipient, is prohibited. If youhave received this e-mail in error, please notify us immediately at (818)509-1173 or e-mail us at bklawr@bklaw.com and destroy the original message and all copies.
Mark,
I agree with Vernon and David that it is now damage control to protect yourself. have you thought about converting to Chatper 13 and doing a percentage plan instead?
Nate
Do you Yahoo!?
New and Improved Yahoo! Mail - Send 10MB messages!
The post was migrated from Yahoo.
I should have made myself a little more clear. Client is not going to be happy no matter what happens (unless the Trustee suddenly decides he doesn't want to sell the property, which ain't gonna happen). What I want to find out is: Do I need to get a substitution of attorney signed, or can I just stop representing client, since this is all post discharge in a Ch. 7?
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Friday, July 09, 2004 3:26 PM
Subject: RE: [cdcbaa] How do I get out of a Ch. 7?
I sympathize. The real issue is not whether you get paid or not, but whether you get sued or not. I suggest you do what you can, for free, to pacify the client and get the deal done so that there is no malpractice claim.
Good luck.
Vernon L. Ellicott, Esq.
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805) 446-6262 phone
(805) 446-6264 fax
-----Original Message-----
Sent: Friday, July 09, 2004 2:11 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] How do I get out of a Ch. 7?
I'm representing a debtor in a Ch. 7 case that now has the debtor accusing me of screwing up her case because the trustee is selling one of her two pieces of real property. She now sought the advice of real estate attorney who told her I screwed up because one of the properties should have been listed with debtor as the legal owner only (mother as equitable owner). I advised debtor before we filed the case to get a real estate attorney's advice and she refused (didn't have money she says).
Anyway, long story short, this is now all post discharge and I've been negotiating with the Ch. 7 Trustee to purchase the estate's equity in the property.
I want to get out of the representation now. Every e-mail with the debtor has turned into an attack with me defending. Obviously none of this is part of my retainer agreement. I've actually been working for free for the last few months.
What do I need to do to get out of this??
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
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I should have made myself a little more
clear. Client is not going to be happy no matter what happens (unless the
Trustee suddenly decides he doesn't want to sell the property, which ain't gonna
happen). What I want to find out is: Do I need to get a substitution of
attorney signed, or can I just stop representing client, since this is all post
discharge in a Ch. 7?
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.
I sympathize. The real issue is not whether you get paid or not, but
whether you get sued or not. I suggest you do what you can, for free, to
pacify the client and get the deal done so that there is no malpractice
claim.
Good luck.
Vernon L. Ellicott, Esq.
Law Offices of Vernon L. Ellicott
920 Hampshire Road, Suite 25
Westlake Village, CA 91361
(805) 446-6262 phone
(805) 446-6264 fax
-----Original Message-----
Sent: Friday, July 09, 2004 2:11 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] How do I get out of a Ch. 7?
I'm representing a debtor in a Ch. 7 case that now has the debtor accusing
me of screwing up her case because the trustee is selling one of her two
pieces of real property. She now sought the advice of real estate
attorney who told her I screwed up because one of the properties should have
been listed with debtor as the legal owner only (mother as equitable owner).
I advised debtor before we filed the case to get a real estate attorney's
advice and she refused (didn't have money she says).
Anyway, long story short, this is now all post discharge and I've been
negotiating with the Ch. 7 Trustee to purchase the estate's equity in the
property.
I want to get out of the representation now. Every e-mail with the debtor
has turned into an attack with me defending. Obviously none of this is part
of my retainer agreement. I've actually been working for free for the last
few months.
What do I need to do to get out of this??
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is
privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by
anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
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ADVERTISEMENT
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a.. To visit your group on the web, go to:
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c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
I sympathize. The real issue is not whether you
get paid or not, but whether you get sued or not. I suggest you do what
you can, for free, to pacify the client and get the deal done so that there is
no malpractice claim.
The post was migrated from Yahoo.
I'm representing a debtor in a Ch. 7 case that now has the debtor accusing me of screwing up her case because the trustee is selling one of her two pieces of real property. She now sought the advice of real estate attorney who told her I screwed up because one of the properties should have been listed with debtor as the legal owner only (mother as equitable owner). I advised debtor before we filed the case to get a real estate attorney's advice and she refused (didn't have money she says).
Anyway, long story short, this is now all post discharge and I've been negotiating with the Ch. 7 Trustee to purchase the estate's equity in the property.
I want to get out of the representation now. Every e-mail with the debtor has turned into an attack with me defending. Obviously none of this is part of my retainer agreement. I've actually been working for free for the last few months.
What do I need to do to get out of this??
***********************************************
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)
e-mail: bklawr@bklaw.com
web: http://www.bklaw.com/
************************************************
Confidentiality Note: This e-mail is intended only for the person or
entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
distribution, or copying of this e-mail or the information herein by anyone
other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you
have received this e-mail in error, please notify us immediately at (818)
509-1173 or e-mail us at bklawr@bklaw.com and destroy the
original message and all copies.
I'm representing a debtor in a Ch. 7 case that now
has the debtor accusing me of screwing up her case because the trustee is
selling one of her two pieces of real property. She now sought the
advice of real estate attorney who told her I screwed up because one of
the properties should have been listed with debtor as the legal owner only(mother as equitable owner). I advised debtor before we filed the case to
get a real estate attorney's advice and she refused (didn't have money shesays).
Anyway, long story short, this is now all post
discharge and I've been negotiating with the Ch. 7 Trustee to purchase theestate's equity in the property.
I want to get out of the representation now.
Every e-mail with the debtor has turned into an attack with me defending.
Obviously none of this is part of my retainer agreement. I've actually
been working for free for the last few months.
What do I need to do to get out of
this??
***********************************************Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173(818)509-1460 (fax)e-mail: bklawr@bklaw.comweb:
The post was migrated from Yahoo.