Case Summary:
After the Court issued a third order to show cause why the privileges of an attorney should not be conditioned or suspended, Debtors’ attorney filed a motion seeking recusal of the judge. The motion argued that communication regarding the docket from the office of the Clerk of Court and the issuance of the OSC by the Court combined to question the impartiality of the judge. The motion was denied, holding that Section 105(a) and the authority of the Court to manage proceedings, dockets, and practice within the court authorized issuing the OSC. Finally, the Court held that communications with the office of the Clerk of Court are not ex parte communications.
After repeated filing mistakes and errors, the Court issued an Order to Show Cause why debtors’ counsel’s e-filing privileges should not be suspended or revoked. Counsel filed a response and there was a hearing. The Court ruled that counsel’s arguments concerning the Code and Rules (specifically the time limits under Fed. R. Bank. P. 1006 and 1007, and Code section 521) were unpersuasive. The Court noted that counsel’s repeated and continuing filing errors were concerning but did not suspend or revoke the attorney’s privileges. The attorney had recently completed CM/ECF training with the Clerk’s office and had filed a more recent case which did not contain any errors. Ultimately, the attorney’s conduct had not risen to the level that a suspension from practice in this District was warranted. The Court will continue to review and consider any future deficiencies that may arise in cases filed by the attorney just as it considers and reviews other repeated deficiencies by other attorneys practicing in this Court.
Statute/Rule References:
11 U.S.C. § 105(a) -- Powers of court
11 U.S.C. § 521 -- Debtor’s duties
28 U.S.C. § 455 -- Disqualification of justice, judge, or magistrate judge
Fed. R. Bankr. P. 1006 -- Filing fee
Fed. R. Bankr. P. 1007(a) -- List of creditors
Key Terms:
CM/ECF
E-Filing
Ex Parte Communication
Order to Show Cause
Recusal
Suspension or Revocation
