Opinion
Case No. BK-S-03-11204-LBR.
July 17, 2004
CiCi CUNNINGHAM, ESQ., CHRISTINE A. ROBERTS, ESQ., RAWLINGS, OLSON, CANNON, GORMLEY DESRUISSEAUX, Las Vegas, NV, Attorneys for Chapter 7 Trustee, James F. Lisowski, Sr.
ORDER DENYING MOTION FOR SANCTIONS AND MOTION TO REMOVE TRUSTEE'S COUNSEL
Upon this matter having come before this Court on the 25th day of May, 2004, at the hour of 1:30 p.m., CiCi Cunningham, Esq., of the law firm of Rawlings, Olson, Cannon, Gormley Desruisseaux, appearing on behalf of the Trustee, Gregory E. Garman, Esq., appearing on behalf of Tyners and Loretta Davis appearing in proper person. This matter having been duly noticed and the Court being sufficiently advised as to all matters herein, finds and orders as follows:
FINDINGS OF FACT
1. This Court hereby finds that no improper conduct was undertaken by Trustee's counsel or by the Trustee; and
2. That the Motion by Debtor lacks merit.
IT IS HEREBY ORDERED that the Debtor's Motion to Remove the Trustee's Counsel is hereby denied. IT IS FURTHER ORDERED that the Debtor's request for sanctions against Trustee's counsel is also denied.
IT IS SO ORDERED.
AFFIDAVIT OF CiCi CUNNINGHAM, ESQ. IN SUPPORT OF ORDER DENYING MOTION FOR SANCTIONS AND MOTION TO REMOVE TRUSTEE'S COUNSEL
CiCi CUNNINGHAM, ESQ., being first duly sworn on oath deposes and states:
1. That I am an attorney at law duly licensed to practice before this court and make this Affidavit of facts from personal knowledge which are known to me except for those matters stated upon information and belief, and as to those matters I believe same to be true.
2. That I am the attorney of record for James F. Lisowski, Sr., Chapter 7 Panel Trustee.
3. That a hearing on the Order Denying Motion for Sanctions and Motion to Remove Trustee's Counsel was heard on May 25, 2004, at the hour of 1:30 p.m.
4. That the Order Denying Motion for Sanctions and Motion to Remove Trustee's Counsel is a true and correct representation as to the issues granted at the hearing.
5. That a proposed Order was submitted on June 17, 2004 requesting to be contacted regarding the order within five (5) business days pursuant to our local rules to the following: Loretta Davis.
6. That as of the date of this Affidavit, I have not heard from Loretta Davis regarding the proposed Order. A copy of the facsimile transmittal sheet is attached hereto.
8. I believe that my proposed Order is a true and accurate representation of the terms placed on the record on May 25, 2004.
9. It is for these reasons that the Trustee's counsel respectfully requests that the ORDER DENYING MOTION FOR SANCTIONS AND MOTION TO REMOVE TRUSTEE'S COUNSEL be entered by this Court.
FURTHER, the Affiant sayeth naught.