Central District Consumer Bankruptcy Attorney's Association

Thanks.
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Thursday, June 30, 2005 10:27 AM
Subject: RE: [cdcbaa] blind debtors
Mark,
As for signing the paperwork, under CA law they can sign per the procedure in CC14 and CCP17. I have attached a form I use for signature by mark. It only requires two witnesses if the document is to be recorded, otherwise one will suffice. I do not know if federal law or procedure has an analogous or different procedure. I don't see why a staff person couldn't be the witness, although you may be more comfortable if they have someone they know be the witness. However read on.
Altho it is not directly on point, I have attached a settlement agreement which explains what our obligations are under ADA for dealing with deaf clients. The short version is that we supply the sign language interpreter at our own cost, even for a free consultation. In as much as that is the requirement under ADA for dealing with the hearing impaired, I think having staff read the docs to them and witness the mark is consistent with the ADA requirements. But you can't charge extra for it.
I would give the trustee a heads up before the 341 as to what you are doing.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green, Attorneys at Law
1010 E. Union Street Suite 206
Pasadena, CA 91106
Ph: (626) 449-8433
Fax: (626) 449-0565
pg23@earthlink.net
Mark J Markus
Sent: Thursday, June 30, 2005 8:03 AM
To: BK Roundtable
Cc: cdcbaa@yahoogroups.com
Subject: [cdcbaa] blind debtors
Here's a first for me. Got a call from H&W who are both blind. They have noone to assist them in reading and/or signing the paperwork.
Anyone ever represent a blind debtor before? How does it work logistically? How do they attest to the Trustee that they've reviewed the papers before they signed them, etc?
***********************************************
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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i've represented a deaf H&W. call the trustee's office for free assistance w/the preparation
and for the hearing. they should provide one, if not, call one of the blind charities. you'll
get someone to assist.
vicki
"David A. Tilem" wrote:
You have to have someone read the papers to them and then do a declaration.


David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
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
Sent: Thursday, June 30, 2005 8:03 AM
To: BK Roundtable
Cc: cdcbaa@yahoogroups.com
Subject: [cdcbaa] blind debtors
Here's a first for me. Got a call from H&W who are both blind. They have noone to assist them in reading and/or signing the paperwork.

Anyone ever represent a blind debtor before? How does it work logistically? How do they attest to the Trustee that they've reviewed the papers before they signed them, etc?

***********************************************
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.
SPONSORED LINKS
Business finance course Small business finance Business finance schools Business finance education Business finance online Business finances
YAHOO! GROUPS LINKS
Visit your group "cdcbaa" on the web.

To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com

Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
i've represented a deaf H&W. call the trustee's office for free assistance w/the preparation
and for the hearing. they should provide one, if not, call one of the blind charities. you'll
get someone to assist.
vicki"David A. Tilem" <DavidTilem@TilemLaw.com> wrote:
You have to have someone read the papers to them and then do a declaration.


David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem
500 N. Brand Blvd., #460, Glendale, CA 91203
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-----From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Mark J MarkusSent: Thursday, June 30, 2005 8:03 AMTo: BK RoundtableCc: cdcbaa@yahoogroups.comSubject: [cdcbaa] blind debtors
Here's a first for me. Got a call from H&W who are both blind. They have noone to assist them in reading and/or signing the paperwork.

Anyone ever represent a blind debtor before? How does it work logistically? How do they attest to the Trustee that they've reviewed the papers before they signed them, etc?

***********************************************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.


SPONSORED LINKS
Business finance course
Small business finance
Business finance schools
Business finance education
Business finance online
Business finances

The post was migrated from Yahoo.

Mark,
As for signing the paperwork, under CA law they can sign per the procedure
in CC14 and CCP17. I have attached a form I use for signature by mark.
It only requires two witnesses if the document is to be recorded, otherwise
one will suffice. I do not know if federal law or procedure has an
analogous or different procedure. I dont see why a staff person couldnthe witness, although you may be more comfortable if they have someone they
know be the witness. However read on.
Altho it is not directly on point, I have attached a settlement agreement
which explains what our obligations are under ADA for dealing with deaf
clients. The short version is that we supply the sign language interpreter
at our own cost, even for a free consultation. In as much as that is the
requirement under ADA for dealing with the hearing impaired, I think having
staff read the docs to them and witness the mark is consistent with the ADA
requirements. But you cant charge extra for it.
I would give the trustee a heads up before the 341 as to what you are doing.
Pat
Patrick T. Green, Esq.
Fitzgerald & Green, Attorneys at Law
1010 E. Union Street Suite 206
Pasadena, CA 91106
Ph: (626) 449-8433
Fax: (626) 449-0565
pg23@earthlink.net
_____

The post was migrated from Yahoo.

I have done it several times without any problems. I read the petition and schedules to them and at the hearing, they attest to that and that someone has read the "green pamphlet" to them.
LAUREN ROSS
Attorney at Law
2550 N. Hollywood Way
Suite 404
Burbank, California 91505-5046
Phone (818)847-0211; Fax (818)847-0214
email: lauren@laurenross.com
www.bankrupt-law.com
----- Original Message -----
To: BK Roundtable
Cc: cdcbaa@yahoogroups.com
Sent: Thursday, June 30, 2005 8:03
Subject: [cdcbaa] blind debtors
Here's a first for me. Got a call from H&W who are both blind. They have noone to assist them in reading and/or signing the paperwork.
Anyone ever represent a blind debtor before? How does it work logistically? How do they attest to the Trustee that they've reviewed the papers before they signed them, etc?
***********************************************
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.
SPONSORED LINKS Business finance course Small business finance Business finance schools
Business finance education Business finance online Business finances
YAHOO! GROUPS LINKS
a.. Visit your group "cdcbaa" on the web.
b.. To unsubscribe from this group, send an email to:
cdcbaa-unsubscribe@yahoogroups.com
c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.
I have done it several times without any problems. I read the
petition and schedules to them and at the hearing, they attest to that and that
someone has read the "green pamphlet" to them.

LAUREN ROSSAttorney at Law2550 N. Hollywood WaySuite
404Burbank, California 91505-5046Phone (818)847-0211; Fax
(818)847-0214email: lauren@laurenross.com
The post was migrated from Yahoo.

Here's a first for me. Got a call from H&W who are both blind. They have noone to assist them in reading and/or signing the paperwork.
Anyone ever represent a blind debtor before? How does it work logistically? How do they attest to the Trustee that they've reviewed the papers before they signed them, etc?
***********************************************
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.
Here's a first for me. Got a call from
H&W who are both blind. They have noone to assist them in readingand/or signing the paperwork.

Anyone ever represent a blind debtor before?
How does it work logistically? How do they attest to the Trustee thatthey've reviewed the papers before they signed them, etc?

***********************************************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.