Thank you for your response. I want to make sure that I have covered everything. The signed employment contract was signed on September 9th and did not include a personal guaranty clause.
In the signed employment contract it states:
7. In the event the Firm seeks payment from the bankruptcy estate, the Firm intends to apply to this Court for compensation in conformity with Bankuptcy Code 328, 330 and 331 and understands that its compensation will be subject to the approval of the Court.
7. The new employment contract which the attorney is insisting on states:
In the event the Firm seeks payment from the bankruptcy estate, the Firm intends to apply to this Court .....etc. same. PLUS:
8. The Firm will obtain a guaranty of its fees from Debtor's general partner, and also from its principals, (collectively "Guarantors"). On their own behalf and with regard to the entities they control, the Guarantors have waived conflicts and have been advised that the Firm's representation in this case will be limited to Debtor in its capacity as Debtor and Debtor in Possession, and that the Firm will not represent the Guarantors personally in this case. The Firm does not represent the Guarantors in any other matters. Certain of the Guarantors have guaranteed approximately three loans secured by assets of the Debtor's. This arrangement has been fully disclosed to the Debtor and the Guarantors and the Debtor expressly consents to the arrangement. The Guarantors have been advised to retain independent counsel legal counsel and understand that the Firm's duty of undivided lozalty is owed exclusively to the Debtor.
**Then a Personal Guaranty is attached to this employment contract.
This attorney has been handling the case since the filing on July 20th. I signed the first employment contract and faxed it back (with a fax completed transmission statement copy) ... how do I check to see if he has filed that with the court?
This chapter 11 case is in california (riverside county). Would your response still be applicable?
With all this extra knowledge, is it still your opinion that the attorney cannot ask to be removed from the case or that the court will not approve his stepping away from the case? Thank you for your help with this.