The decision by a bankruptcy judge in New York to remove a debtor's personal injury counsel over the debtor's objections was justified by the attorney's efforts to ignore or circumvent court orders, the 2nd Circuit has ruled. However, the 2nd Circuit reversed the bankruptcy judge's refusal to grant the debtor's motion to dismiss the bankruptcy case and remanded the case for further proceedings. The debtor had argued that she wanted to "obtain control of the prosecution" of the personal injury claim.
November 07, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The decision by a bankruptcy judge in New York to remove a debtor’s personal injury counsel was justified given the attorney’s efforts to ignore or circumvent court orders, a federal appeals court ruled Monday.
The 2nd U.S. Circuit Court of Appeals cited “apparent misconduct” as providing more than enough cause for the bankruptcy judge to remove Manhattan practitioner Jeffrey H. Schwartz as a counsel of record in debtor Sueann Smith’s personal injury case.
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