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Can attorney make an appearance in a U.S. bankruptcy case…

Can attorney make an appearance...
Can attorney make an appearance in a U.S. bankruptcy case for a creditor in a state that they are not licensed in?
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Answered in 5 minutes by:
11/20/2017
ScottyMacESQ
ScottyMacESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 18,140
Experience: General Practice Attorney
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Thank you for using JustAnswer.

Yes. Federal court is a bit different in that regard. While an attorney still needs to be licensed in some state, Federal law applies to every state, so it's not so important as to which state you're actually licensed. Federal courts in Alaska apply the same Federal law as in Hawaii, as in California, etc... So the attorney doesn't have to be licensed in the state where the Federal court sits.

The attorney DOES need to be admitted to the district court bar (meaning that they have applied to practice before the Federal court in the district where the bankruptcy court is). Other than that, they don't have to be licensed in the state where they're practicing if it's Federal law.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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Customer reply replied 6 months ago
The attorney DOES need to be admitted to the district court bar (meaning that they have applied to practice before the Federal court in the district where the bankruptcy court is- is that public information? How do I inquire about the attorney's status?

Generally it's calling up the clerk of the district court and asking about a specific attorney's status (if they are admitted to practice in that district).

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Customer reply replied 6 months ago
my case is complicated, I filed Chapter 13, I received the completion of plan January 8, 2017, a Final Report, all of my money paid in plan returned, the trustee said we didn't owe anything, no claims allowed. The creditor failed to file claim, in question sold my home February 2017, to a shell corporation, hired a law firm in Chicago- counsel for credtior said that the creditor is defunct as of February 2014, not licensed in Indiana, and cannot be a defendant- she then withdrew her appearance- they sold my home for $200,000 in a pending bankruptcy case, a US District Court Magistrate said in a related case April 2017, the property must be returned to the open bankruptcy estate and disgorgement profits. I located the Sheriff's Deed that's obviously fraudulent document. The creditor does not have contact information, never filed claim or proof of sale with Bankruptcy Court. They don't have a valid mortgage. How do you get a party to return the property to a hostile court environment?

That's a different question than about attorneys making appearances in court, and unfortunately the terms of service of this site say that questions outside the scope of the original one need to be asked in a new question thread. You would need to ask that question in a different question thread. Do you have any other questions relating specifically to licensing and admittance to practice in court?

ScottyMacESQ
ScottyMacESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 18,140
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