CHAPTER 7 FEES AND PRACTICES OF MY ARIZONA LAWYERS

CourtUnited States Bankruptcy Court, D. Arizona
DecidedFebruary 3, 2025
Docket4:24-mp-00003
StatusUnknown

This text of CHAPTER 7 FEES AND PRACTICES OF MY ARIZONA LAWYERS (CHAPTER 7 FEES AND PRACTICES OF MY ARIZONA LAWYERS) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CHAPTER 7 FEES AND PRACTICES OF MY ARIZONA LAWYERS, (Ark. 2025).

Opinion

Dated: February 3, 2025

Bendlo Perf □□□ — 2 Brenda Moody Whinery, Bankruptcy Judge 3 eS 4 5 UNITED STATES BANKRUPTCY COURT 6 DISTRICT OF ARIZONA 7 8 In re: Case No. 4:24-mp-00003-BMW 9 CHAPTER 7 FEES AND PRACTICES OF RULING AND ORDER VOIDING MY ARIZONA LAWYERS, PLLC AND RETENTION AGREEMENTS AND RELATED FINANCING AGREEMENTS FINANCING AGREEMENTS, WITH EZLEGALFEES, LLC ORDERING THE DISGORGEMENT OF 11 FEES, AND IMPOSING SANCTIONS AGAINST MY ARIZONA LAWYERS, 12 PLLC, CANDACE KALLEN, EZLEGALFEES, LLC, AND 13 KATHERINE KIESEL 14 15 On April 16, 2024, given this Court’s concerns pertaining to the disclosures of attorne: 16 || compensation and bifurcated Chapter 7 retention agreements filed by Candace Kallen (“Ms 17|| Kallen”) of My Arizona Lawyers, PLLC (“My Arizona Lawyers” or the “Firm’),! whicl indicated the existence of third-party financing by EZLegalFees, LLC (“EZ Legal”), and give: 19] related representations Ms. Kallen made to the Court regarding the practices of her Firm and he 20|| Firm’s relationship with EZ Legal,” the Court issued an Order to Show Cause (the “OSC”) (Dkt 2)° against Ms. Kallen, My Arizona Lawyers, and EZ Legal. 22 Pursuant to the OSC, Ms. Kallen and My Arizona Lawyers were ordered to show □□□□ as to why this Court should not: (1) void all post-petition retention agreements between M: 24 a 95 ' This Court’s procedures require attorneys for Chapter 7 debtors to attach all agreements that pertain t the compensation paid or to be paid to or for the benefit of such attorneys to their Rule 2016(b) disclosure 26 || of compensation. > See Trial Ex. 7. References to “Trial Ex.” are references to exhibits admitted into evidence during th evidentiary hearing held on October 16, 2024. 3 Unless otherwise indicated, references to “Dkt.” are references to the docket in this miscellaneou 28 proceeding.

1 Arizona Lawyers and Chapter 7 debtors on the basis that they violate the Bankruptcy Code and 2 Local Rules for the United States Bankruptcy Court for the District of Arizona (the “Local 3 Rules”); (2) order the disgorgement of all fees paid pursuant to or otherwise attributable to such 4 post-petition retention agreements; and/or (3) bar Ms. Kallen from practicing before this Court 5 given the structure and conflicts of interest inherent in her Firm’s financing arrangement with EZ 6 Legal. (Dkt. 2 at 6). 7 EZ Legal was ordered to show cause as to why this Court should not void all financing 8 agreements signed by Chapter 7 debtors represented by My Arizona Lawyers and/or impose 9 sanctions, as may be deemed appropriate. (Dkt. 2 at 6). 10 During the course of these proceedings, the Court held numerous hearings4 and, as 11 additional information was disclosed, the Court: (a) fixed the scope of these proceedings to 12 include all bifurcated Chapter 7 cases filed by the Firm in the District of Arizona between May 13 15, 2022 and May 15, 2024 (the “Lookback Period”) that were financed by EZ Legal (the “EZ 14 Legal Financed Cases”), which cases are listed on Exhibit A to this Ruling and Order (the “Case 15 List”);5 (b) ordered the parties to file supplemental disclosures; (c) issued certain interim orders; 16 (d) imposed certain interim sanctions; and (e) put the parties on notice that additional sanctions 17 may be imposed.6 (Dkt. 20; Dkt. 35; Dkt. 53; Dkt. 63). 18 With respect to the interim orders and sanctions imposed by the Court, at the initial hearing 19

20 4 As reflected by the summary of these proceedings set forth in this Ruling and Order, the record in this proceeding is extensive. This Court held seven hearings regarding this matter prior to conducting the 21 October 16, 2024 evidentiary hearing. 22 5 The list of cases included on Exhibit A is inclusive of all EZ Legal Financed Cases as disclosed by My Arizona Lawyers and/or EZ Legal. Although Ms. Kallen and her Firm suggest, for the first time in their 23 post-trial brief, that this Court’s ruling should be limited to the cases that have been formally added to this miscellaneous proceeding, Ms. Kallen and her Firm filed substantially similar disclosures of 24 compensation, used substantially similar retention agreements, and engaged in substantially similar conduct in all of the EZ Legal Financed Cases. (10/16/2024 Trial Tr. 9:23-11:25, 12:16-14:22). EZ Legal 25 likewise engaged in substantially similar conduct and used substantially similar forms in all of the EZ 26 Legal Financed Cases. (See Dkt. 106 at ¶¶ (1)GG & (1)KK). The Court therefore declines to limit the scope of this Ruling and Order. 27 6 This miscellaneous proceeding was not initiated to consider the Chapter 7 attorney practices in this District as they pertain to the scope of attorney representation in bifurcated cases or the fees charged for 28 such representation. This Court will continue to examine Chapter 7 attorney practices and may raise 1 regarding the OSC held on May 15, 2024, the Court ordered Ms. Kallen, My Arizona Lawyers, 2 and EZ Legal to prepare and file lists of all cases the Firm filed during the Lookback Period that 3 involved financing by EZ Legal and supplement their responses to the OSC to address concerns 4 raised by the Court and issues raised by counsel for the United States Trustee (the “UST”). (Dkt. 5 20 at 3). 6 In response to the Court’s May 15, 2024 orders, Ms. Kallen, her Firm, and EZ Legal filed 7 supplemental responses and case lists that contained numerous inconsistencies and discrepancies. 8 (Compare Dkt. 26 with Trial Ex. 26; compare Dkt. 25 at Ex. 3 with Dkt. 30 at Ex. C; see Trial 9 Ex. 9 at 9:15-23; Dkt. 35 at 3). 10 At a continued hearing regarding the OSC held on June 10, 2024, the parties, through 11 counsel, informed the Court that disclosures included in their initial and supplemental responses 12 to the OSC pertaining to the relationship between the parties were false. (Trial Ex. 9 at 2:20-7:10; 13 Trial Ex. 34 at 4, ¶ (2)6). Given this disclosure, the Court ordered the parties to: (1) file sworn 14 declarations explaining the nature of the agreements and relationships between and among the 15 parties; and (2) amend their case lists to address the discrepancies and inconsistencies identified 16 by the Court. (Dkt. 35 at 3-4). The Court further ordered Ms. Kallen and her Firm to file the 17 retention agreements and financing agreements for all cases filed in this District during the 18 Lookback Period, file a certificate of compliance, and provide a flash drive to the Court 19 containing the filed documents. (Dkt. 35 at 4). The Court also ordered EZ Legal to: (a) file all 20 financing agreements that pertain to any cases filed in this District during the Lookback Period, 21 file a certificate of compliance, and provide a flash drive to the Court containing the filed 22 documents; and (b) file additional sworn disclosures. (Dkt. 35 at 4). Given the parties’ false 23 representations to the Court regarding their financial arrangement and the discrepancies in the 24 parties’ filings, the Court imposed interim sanctions restricting Ms. Kallen and her Firm’s ability 25 to file new Chapter 7 bankruptcy cases in this District and prohibiting EZ Legal from: 26 (a) collecting any additional funds related to any and all bankruptcy cases in this District; 27 (b) engaging in any further lending activities in any bankruptcy cases in this District; and 28 (c) making any disbursements of any funds collected from debtors in any bankruptcy cases filed 1 in this District, pending further Court order. (Dkt. 35 at 4-6). 2 Although Ms. Kallen, her Firm, and EZ Legal timely filed supplemental declarations, the 3 parties failed to file all required retention agreements and financing agreements, Ms. Kallen 4 failed to timely file an amended case list, and the parties failed to timely file certificates of 5 compliance or provide flash drives containing relevant documents to the Court, as ordered. (Dkt. 6 53 at 2; Dkt. 47; Dkt. 51 at ¶ 15; see Trial Ex.

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