"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/
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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/
************************************************
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entity to which it is addressed and may contain information that is privileged,
confidential, or otherwise protected from disclosure. Dissemination,
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delivering the message to the intended recipient, is prohibited. If you
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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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"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
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