Opinion

In Re Yonce

  • 391 B.R. 564
  • 2002 WL 34438689
Court
United States Bankruptcy Court, D. Vermont
Filed
Oct 7, 2002
Status
Published
Author
Brown
On the bench
Colleen A. Brown
Cited by
0 cases
Authority
More cited than 43.5%

The opinion

*565

ORDER

COLLEEN A. BROWN, Bankruptcy Judge.

WHEREAS Attorney Robert I. Morgan is not admitted to practice before the federal courts in the District of Vermont and has been admitted

pro hac vice

in at least one prior case before this Court; and

WHEREAS on July 31, 2002, Attorney Robert I. Morgan filed a papers captioned as Debtor’s Motion to Extend Time to File Chapter 13 Plan (doc. # 3-1)

before

Attorney Michael Kainen filed a Motion to Appear

Pro Hac Vice

(doc. #4-1) which sought to have Attorney Robert I. Morgan admitted to practice before this Court in connection with this case; and

WHEREAS it is in the Court’s discretion to decide whether to admit an attorney

pro hac vice, see Erbacci, Cerone, and Moriarty, Ltd. v. United States,

923 F.Supp. 482, 485 (S.D.N.Y.1996) (citing

Spanos v. Skouras Theatres Corp.,

364 F.2d 161, 167 (2d Cir.1965));

THE COURT HEREBY FINDS that based,

inter alia,

upon the disclosures set forth in the affidavit of Attorney Robert I. Morgan, the performance of Attorney Robert I. Morgan before this Court to date, and the fact that Attorney Robert I. Morgan filed papers in this case prior to the entry of an order granting his admission

pro hac vice

in this case, the Court has sufficient grounds to deny the subject motion.

IT IS THEREFORE ORDERED that, pursuant to 11 U.S.C. § 105 and this court’s inherent power to determine admission of attorneys who appear before it,

1.) the Motion to Appear

Pro Hac Vice

is denied; and

2.) the Debtor shall have 15 days from the date of this Order to find counsel who will proceed with this chapter 13 case and who will adopt the papers filed to date herein as his or her own, or replace them.

SO ORDERED.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.