Cristobal, No. J10-00293-DMD (Bankr. D. Alaska, May 12, 2011)
If a bankruptcy court determines that an attorney who appears before it is not properly qualified or prepared to handle bankruptcy cases, the court may order the attorney to gain more knowledge before he can appear again.
In this case, the bankruptcy court ordered an Alaskan attorney to stop filing Chapter 13 plans until he had gained more knowledge in the area, because his plans were poorly drafted. The attorney took this order quite literally, and stopped filing Chapter 13 petitions, but continued filing Chapter 7 petitions for clients, and then attempted to get them converted into Chapter 13.
The court, frustrated by this, ordered him to enroll in a bankruptcy class, outline what he had learned, and submit it to the court. Otherwise, the court said, it would impose sanctions. The importance of this case is its illustration of the importance of an experienced and qualified attorney on your side, and the fact that the court will try to make sure there are no underqualified attorneys representing people.
To read the entire case for In re: Cristobal, No J10-00293 see here.
You should analyze your situation with a competent Tucson bankruptcy attorney to be sure that you discover all of your options and get your questions answered by an expert.
Stephen M. Trezza
