Despite Debtor’s Second Thoughts, the Bankruptcy Court Holds that Firing Attorney, Use of Vulgar Language, and Threats to Sue Are All Bases to Grant Counsel’s Motion to Withdraw

Despite Debtor’s Second Thoughts, the Bankruptcy Court Holds that Firing Attorney, Use of Vulgar Language, and Threats to Sue Are All Bases to Grant Counsel’s Motion to Withdraw

On June 21, 2019 the Bankruptcy Court for the Southern District of New York granted counsel’s motion to withdraw as counsel for the Debtor.

On October 5, 2018 the Debtor filed a chapter 7 bankruptcy with the Firm acting as his counsel. The Firm contends that on or about February 27, 2019 during a phone call, the Debtor terminated the Firm’s services, used vulgar language, threatened legal action, and threatened to report the firm to the relevant bar authority. The Debtor then sent an email confirming the Firm no longer represented him.

The Firm filed a motion to withdraw as counsel later that day. The Firm contends it provided the Debtor with the contact information for the Trustee’s counsel and authorized the Trustee to speak directly with the Debtor.

The Debtor filed an objection to motion to withdraw stating he still wanted the Firm to serve as his counsel “as agreed when the bankruptcy petition was filed.” There was still at least unresolved matter as the chapter 7 trustee and United States Trustee still had time to object to the Debtor’s discharge pursuant to sections 523(a) and 727(a). If an objection was filed, the Debtor would require the assistance of counsel to resolve such an objection.

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