Legal Opinion
In Re ICLNDS Notes Acquisition, LLC
United States Bankruptcy Court, N.D. Ohio
Decided February 16, 2001No. 19-60384PublishedCited by 34 opinions
1Opinion of the Court
MEMORANDUM OF OPINION
PAT E. MORGENSTERN-CLARREN, Bankruptcy Judge.
The issue in this case is whether the Debtor, a limited liability company, may file a bankruptcy petition without legal representation. The Court concludes that while such an entity is eligible for protection under the Bankruptcy Code, it may appear only through an attorney. A lay person who prepares and files a bankruptcy petition and schedules on behalf of a limited liability company is engaging in the unauthorized practice of law. As the petition and schedules in this case were filed by a lay person, and because the Debtor…
2Cases cited12 opinions
- Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
- Eagle Associates v. Bank of MontrealCourt of Appeals for the Second Circuit · 1991
- Albert J. Doherty v. American Motors Corporation, a Foreign CorporationCourt of Appeals for the Sixth Circuit · 1984
- National Independent Theatre Exhibitors, Inc., James T. Patterson, Sr., Screen Advertising Film Fund, Inc. v. Buena Vista Distribution CompanyCourt of Appeals for the Eleventh Circuit · 1985
- Union Savings Ass'n v. Home Owners Aid, Inc.Ohio Supreme Court · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- David R. Nicholson, Builder, LLC v. JablonskiSuperior Court of Pennsylvania · 2017
- AE Restaurant Associates, LLC v. Giampietro (In Re Giampietro)United States Bankruptcy Court, D. Nevada · 2004
- Kipp v. Royal & Sun Alliance Personal Insurance CompanyDistrict Court, E.D. Wisconsin · 2002
- Dexxon Digital Storage, Inc. v. HaenszelOhio Court of Appeals · 2005
- In Re SchneiderUnited States Bankruptcy Court, D. Vermont · 2002
29 more not listed; retrieve them via the Exa API.