IN RE CAPET, 13-45013. (2017)
Court: United States Bankruptcy Court, N.D. California
Number: inbco20170918555
Visitors: 22
Filed: Sep. 15, 2017
Latest Update: Sep. 15, 2017
Summary: MEMORANDUM REGARDING MOTION TO WITHDRAW AS ATTORNEY WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On September 6, 2017, attorney for Debtor filed a Motion to Withdraw as Attorney ("the Motion") (doc. 34). The Motion was heard on September 14, 2017. At the hearing, the Court was left with the impression that counsel had served the Motion on his client, and nonetheless his client opted not to appear. The Motion was granted under that necessary assumption. Upon review of the certificate of s
Summary: MEMORANDUM REGARDING MOTION TO WITHDRAW AS ATTORNEY WILLIAM J. LAFFERTY, III , Bankruptcy Judge . On September 6, 2017, attorney for Debtor filed a Motion to Withdraw as Attorney ("the Motion") (doc. 34). The Motion was heard on September 14, 2017. At the hearing, the Court was left with the impression that counsel had served the Motion on his client, and nonetheless his client opted not to appear. The Motion was granted under that necessary assumption. Upon review of the certificate of se..
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MEMORANDUM REGARDING MOTION TO WITHDRAW AS ATTORNEY
WILLIAM J. LAFFERTY, III, Bankruptcy Judge.
On September 6, 2017, attorney for Debtor filed a Motion to Withdraw as Attorney ("the Motion") (doc. 34). The Motion was heard on September 14, 2017. At the hearing, the Court was left with the impression that counsel had served the Motion on his client, and nonetheless his client opted not to appear. The Motion was granted under that necessary assumption. Upon review of the certificate of service tied to the Motion (doc. 39), the Court finds no evidence that the client/debtor was served.
THEREFORE, Debtor's counsel has five days from the entry of this memorandum to file an amended certificate of service indicating that Debtor was served with the Motion (if such service actually occurred). Otherwise, the Court will rescind granting the Motion, and the Motion will need to be noticed on Debtor if it is to be prosecuted further.
Source: Leagle
