[CLBS] When does the termination of debtor’s counsel’s representation in bankruptcy occur?
Safa Riadh
safa at lawyercda.com
Mon Nov 29 14:42:07 MST 2021
Does it EVER?
I am aware that domestic cases terminate 42 days after the Decree; I withdraw in criminal cases 42 days after the entry of a final Order, as well.
I am not finding much information about termination of representation and duties relative to a bankruptcy case. Do you all take the step of actually withdrawing? Perhaps this is normally just relegated to the language in one’s Fee Agreement, rather than a formal Motion/Order process? In that a case closes via Order, and you can’t file anything in a closed case without a Motion to Reopen, that process seems counterproductive.
Where a client may contact its counsel after a case closes, I ordinarily look at the reason for contact on a case-by-case basis to determine whether the need for contact is within the scope of my representation, i.e. is something that could have been predicted and avoided, such as a judgment lien avoidance or non-disclosed assets? Is this just a run-of-the-mill discharge violation requiring a quick cease and desist letter?
Your thoughts and insight are appreciated!
Safa Michael Riadh
Attorney at Law
VALIANT LAW
208-667-5437
924 Sherman Ave
Coeur d Alene, ID 83814
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