In re: Cristobal, No. J10-00293-DMD (Bankr. D. Alaska, May 12, 2011).
In a recent 9th Circuit bankruptcy decision, a bankruptcy court in Alaska was faced with the issue of an attorney who was incompetent. He was told to stop filing Chapter 13 petitions, so he went and filed Chapter 7.
In January of 2010, the bankruptcy court ordered Brock Weidner to make no further Chapter 13 filings without the court's advance approval. Mr. Weidner continued to make the filings, however, in Chapter 7 cases, which were then converted to Chapter 13.
The United States Trustee in the case sought sanctions for each filing Mr. Weidner made after the court order was entered. As an alternative, the court decided to permit Mr. Weidner 60 days to enroll in a long distance Consumer Bankruptcy Fundamentals program, submit evidence to the court that he completed the program, and submit an outline which he personally prepared to the court explaining the course.
Mr. Weidner argued that he had improved his Chapter 13 practices, and would like to have the court order vacated. The court agreed that, if he took the course and then came back to court, the court would consider whether or not he was capable of filing petitions again.
This case demonstrates the importance of a qualified attorney with enough experience to handle an individual case. While Mr. Weidner may have later become capable of practicing in the area of Bankruptcy law, he should not have first tried out his unhoned skills on unknowing clients.
