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Opposing attorney hit with "Order to Show Cause" - Can I get a Dismissal?

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    Opposing attorney hit with "Order to Show Cause" - Can I get a Dismissal?

    I am pro se debtor in Chapter 7 case. I have two adversary proceedings against me, which are identical in nature and handled by the same attorney.

    Opposing attorney just received an "Order to Show Cause" before the judge.

    Here's why... In my district in Florida, there was an admin order in 2004 that required all attorneys to file all bk papers electronically as of May 1, 2005. Apparently, counsel has not been doing that.

    The admin order requires, not suggests, that attorney file electronically, and says "After May 1, 2005, the Court may order attorneys filing pleadings or documents via paper to show cause why they cannot use the ECF system. Further, the Court may order pleadings and documents be stricken if they are not filed using the ECF system."

    Now, the judge is calling him in to "show cause why counsel should be allowed to continue to practice before the court...why the document should not be stricken, or why some other sanction should not be imposed".

    My simple question is... Should I file a Motion to Dismiss (or something similar) based on this issue, or should I let the judge handle it?

    #2
    I would just ride it out. The court tends to let errant lawyers fix and replace stuff like this. They tend to not want "justice" to be subordinated to "clerical" issues. Except when you're pro se. :-)
    filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

    Comment


      #3
      Nothing you need to do.

      Comment

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