How To Get A Court Order To Hire An Attorney For A Bankruptcy Case

Transcription

1 UNTED STATES BANKRUPTCY COURT NORTHERN DSTRCT OF LLNOS EASTERN DVSON n Re: Debtor/Debtor in Possession, Case No. Hon. Pamela S. Hollis NOTCE OF MOTON TO: Creditors of Record (see attached Notice via PACER ECF or First Class Mail PLEASE TAKE NOTCE that on April 26, 2012 at loam we shall appear before the Honorable Pamela S. Hollis, United States Bankruptcy Judge for the United States Bankruptcy Court for the Northern District of llinois, Eastern Division, or any judge sitting in her stead, in Room 644 of the Dirksen Federal Building located at 219 South Dearborn Street, Chicago, llinois, and shall then and there present its Application to Employ Attorney, a copy of which is attached and hereby served upon you. By: sl Debtor,, ~ ir ' CERTFCATE OF SERVCE, Mazyar Hedayat, an attorney, certify that on April 17, 2012, caused a true and correct copy of the Application to Employ Attorney to be served on the attached participant(s by electronic mail through the Court's ECF filing system or via US Mail. M Hedayat & Associates, PC Mazyar M. Hedayat (Atty. D# Lakeview Court Romeoville, L Phone: ( sl Mazyar Hedayat sl Mazyar Hedayat 1 r ~ r i

2 SERVCE LST Jonathan P. Friedland Representing One West Bank Via ECF Joanne Lee Representing Fed. Nat. Mort. Assn. Via ECF Jose G Moreno Representing Wells Fargo Bank, NA Via ECF Jill L Nicholson Representing Fed. Nat. Mort. Assn. ViaECF U.S. Bankruptcy Court Eastern Division 219 South Dearborn, ih Floor Chicago, L BAC Home Loan Servicing 450 American Street Simi Valley, CA Bank of America P.O. Box Dallas, TX Chase PO Box Wilmington, DE Citibank USA Citicorp Credit Services PO Box Kansas City, MO HSBC Best Buy Attn: Bankruptcy PO Box 5263 Carol Stream, L nfiniti Financial Services PO Box Dallas, TX nfiniti Financial Services PO Box Dallas, TX Rieff, Schramm & Kanter 100 North LaSalle Street Chicago, L ThirdF ederal Saving & Loan 7007 Broadway A venue Cleveland, OH Urban Partnership Bank PO Box Chicago, L Wells Fargo Bank NA Attn: Bankruptcy Dept. MAC X Stateview Blvd Fort Mill, SC Patrick Layng Office of US Trustee, Region South Dearborn Street, Suite 873 Chicago, L Wells Fargo Home Mortgage 8480 Stagecoach Cir Fredrick, MD

3 UNTED STATES BANKRUPTCY COURT NORTHERN DSTRCT OF LLNOS EASTERN DJVSlON n Re:, Debtor/Debtor in Possession. Case No. Hon. Judge HolUs Application to Employ Attorney Debtor in Possession ("Debtor" hereby applies to the Court in accordance with ll U.S.C. 327 and 11.07, as well as Fed. R. Bankr. P. 2014, to employ Ronald and Joseph of, Ltd., as her representatives in connection with that certain claim of legal malpractice (the ''Malpractice Claim"; and in support thereof states as follows: 1. On 2011 Debtor caused a Voluntary Petition under of the United States Bankmptcy Code to be filed (the "Petition'i. The Debtor has maintained her properly in her capacity as Debtor in Possession; and no trustee has been appointed in this case. 2. Since the filing of the Petition Debtor has managed her business and administered the affairs of her Estate as a debtor in possession pursuant to 11 U.S.C arid The Debtor is unfamiliar with the law and procedures relating to legal malpractice actions in the State of llinois. Accordingly it would be in the best interest of the Debtor, her :Estate, and the creditors of her Estate, to retai.n counsel to represent her interests. 4. The Debtor wishes to employ the Malpractice Lavvyer, believes that he possess the requisit skill and experience to handle her daim(s, and is satisfied that he is well-qualified. 5. The professional services to be provided by the Malpractice Lawyer include all reasonable and necessary services to pursue the Malpractice Claim. r f l 1

4 6. Subject to approval of the Cowt, the Malpractice Lawyer has agreed to represettt the Debtor; and she has agreed to employ the Malpractice Lawyer, on customary bttsiness tenns including but not limited to the provision that certain Attorneys and non-attorney employees may periodically perform work at standard rates, as adjusted from time to time. 7. The Malpractice Lawyers contingency fee of 33% is comparable to that of Attorneys oflike experience and background in the area. 8. Since the Malpractice Lawyer will work on a contingent-fee basis, there is no risk that the Estate will be tttjduly diminished; but the Estate could be increased as a result of his efforts. 9. Subject to the further Order of this Court, the Malpractice Lawyer shall be entitled to receive compensation only at the conclusion of the Malpractice Claim C'Compensation" and, in a!l.y event, said Compensation shall be Umited to 33% of any settlement or award, plus reasonable expenses. l O. to the best of the Debtor's knowledge, infonnation, and belief, the Malpractice La'Wyer is a "disinterested person" within the meaning of 11 U.S.C. 101( To the best of the Debtor's knowledge, information, and belief, the Malpra.ctfoe Lawyer ha~ not entered into any agreement to share any compensation awarded herein except as pennitted under 11 U.S.C 504(b. 13. As required by Fed. R. Bankr. P. Rule 2014(a}, the Affidavit of Ronald is filed concurrently with this Application to Employ. WHEREFORE, the Debtor prays for the entry of an. Order authorizing tl1e employment of Ronald and Joseph as her representatives in the Malpractice Claim; and for such other and further relief as this Honorable Court shall find to be just and propet. 2

5 Respectfully submitted on behalf of, Debtor in Possession By: sl Mawar M. Hedayat sl Mazyar -edayat, Her Attorney Mazyar M. Hedayat, Esq. M. Hedayat & Associates, P.C. 121 l W. Lakeview Court Romeoville, Tllinois Ph. ( Fx. ( mheda:vat@tnha-law.com Dated: April 4, 2012 l l r- 1 l 3

6 UNTED STATES BANKRUPTCY COURT NORTHERN DSTRCT OF LLNOS EASTERN DVSON n Re: Debtor., Case No. 11 Hon. Judge Hollis Affidavit of Counsel, Ronald, u11der penalties of petjw:y, c;ettify that: 1. am an attorney a.ud counselor at law duly admitted to practice in the State of llinois. 2. am. President of ~ Ltd., which maintains an office for the practice of law at, Napervme~ llinois We have no connections with the Debtor, its creditors 1 any other party in interest herein, their respective attorneys or accountants, the United States Trustee, or any other person employed in the office of the United States Trustee, except th.at represent the Debtor in the uttderlying legal malpractice action. 4. We represent no interest adverse to the Debtor, as Debtor in Possession herein, or her estate, in the matters upon which am to be engaged. Further Affiant Sa.yeth Not. t Under penalties of perjury as provided by law pursuant to 28 U.S.C. 1746, the undersigned certifies that the statements set forth in th.is instrument are true and correct except as to matters therefo stated to be on. information and belief and as to such matters, the undersigned certifies as aforesaid that he verily believes the s@.me to be true, Executed on:~ ~'Mlv r Mazyar M. Hedayat, Esq. M. Hcdayat & Associates, P.C W. Lakeview Court Romeoville, llinois Ph. ( Fx. ( mhedayat@mha-law.com Dated: April 4, 2012

7 UNTED STATES BANKRUPTCY COURT NORTHERN DSTRCT Of LLNOS EASTERN DVSON n Re: Debtor. Case No. Hon. Judge Hollis Affiday!t of Counsel, Joseph, under penalties of pe1jury, certify that:. am an attorney and counselor at law duly admitted to practice in the State of llinois. 2. am a Partner at Ltd., which maintains an office for the practice of law at Naperville, llinois have no connections with the Debtor, its creditors, any other party in interest herein, their respective attorneys or accountants, the United States Trustee, or any other person employed in the office of the United States Trustee, except that represent the Debtor in the underlying legal malpractice action. 4. represent no interest adverse to the Debtor, as Debtor in Possession herein, or her estate, in the matters upon which am to be engaged. Further Affiant Sayeth Not. Under penalties of perjury as provided by law pursuant to 28 U.S.C. 1746, the undersigned certified that the statements set fo1th in this instrument are true and correct except as to matters therein stated to be on information and belief and as to such matter, the undersigned certified as aforesaid that he verily believes the same to be true. Executed on:.... _U.JJ.h/.. 12': Mazyar M. Hedayat, Esq. M. Hedayat & Associates, P.C W. Lakeview Court Romeoville, llinois Ph. ( Fx. ( mhedayat@mha- law.cqm Dated: April 13, 2012 l