Simmons & Clark Jewelers, Inc v. Corlley

• Court: United States Bankruptcy Court, E.D. Michigan
• Decided: June 9, 2020
• Docket: 09-04198
• Status: Unknown

Opinion

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION In re: Case No. 08-65233 LUE WILLIE CORLLEY, pro se, Chapter 7 Debtor. Judge Thomas J. Tucker ______________________________/ SIMMONS & CLARK JEWELERS, INC., Plaintiff, v. Adv. Pro. No. 09-4198 LUE WILLIE CORLLEY, pro se, Defendant. ______________________________/ ORDER DENYING REQUEST FOR WRIT OF GARNISHMENT This case is before the Court on a Request for Writ of Garnishment (Nonperiodic) filed by the Plaintiff (the “Request”). The Request is dated “5/26/20” and was received by the Clerk’s

office on or about June 8, 2020. A copy of the Request is attached to this Order. The Court will deny the Request, because the Plaintiff is a corporation and the Request was neither signed nor filed by an attorney. Rather, in the box in the upper left corner of the Request in which the Plaintiff must list its attorney, the Request says “In Pro Per.” And the Request is signed only by an unidentified “Agent” of Plaintiff, who is not an attorney (the words “Attorney signature” below the signature line are crossed out). “[A] corporation cannot appear otherwise than through an attorney.” United States v. 9.19 Acres of Land, 416 F.2d 1244, 1245 (6th Cir. 1969); see also In re Dick Tracy Ins. Agency, Inc., 204 B.R. 39, 39 (Bankr. W.D. Mo. 1997) (“There is no dispute that a corporation must be represented by counsel in a bankruptcy proceeding and may not file a petition pro se.”); Lattanzio v. Comta, 481 F.3d 137, 140 (2d Cir. 2007) (stating that “a corporation must appear through licensed counsel”); L.B.R. 9010-1(a)(1) (E.D. Mich.) (“A corporation, partnership or other entity other than an individual may not file a petition or other paper, nor appear as a debtor, plaintiff, defendant or other party in an adversary proceeding, unless it is represented by an attorney duly admitted to, and in good standing with, the bar of the United States District Court for this district.”). Accordingly, IT IS ORDERED that the Request is denied.

Signed on June 9, 2020 EE, fy A /s/ Thomas J. Tucker

— KY United States Bankruptcy Judge

Approved, SCAO. ' 2nd copy - Defendant (Part 2) 4th copy - PlaintifffAttorney (proof) (Part 2 STATE OF MICHIGAN ® CASE NO. IGDIGIA eacure REQUEST ANDWRITFORGARNISHMENT | OF: G¥233 □ □□ ae: cone ; NONPERIODIC 13 ISTRICT OF MICHIGAN—Detireit ( ) ov OF. af) □□ address ® Zip code Court telephone r 1W Fert St.; 17th Fleer, De reit, MI L226 313- 23.4,—- 8805 name and address (judgment creditor) ° Defendant's name and address (judgment debtor) : & Clark, Ime. Lue Willie Cerlley Mreadway St. V 13239 Reser Jetreit, MI 42226=2114 Detreit, MI 48227 313, 903 .228 rae Te ee ee ried a See 4 attorney, bar no., and address eae aah Account no. ore Per ‘a re oe io A tes Behe en Garnishee name and address “ey Humtingtern Lank no: 5555 Cleveland Ave #GWAW34 >lainti Celumsus, OH 43231 | See instructions for item 2 on other side. * Plaintiff received judgment against defendantfor$ £5%¢.61 on 3/18/2009 □ The total amount of judgment interest accrued to date is $_ {7f/ 9S . The total amount of postjudgment costs accrued t dateis$__/o0.00_. The total amount of postjudgment payments made and'credits to date is$ 2Y.3" . The amount of the unsatisfied judgment now due (including interest and costs) is °$ 53:27. Plaintiff knows or with good reason believes the garnishee is indebted to or possesses or controls property belonging to defendan Plaintiff requests a writ of nonperiodic garnishment. i that the statements above are true to the best of my information, knowledge, ang elief. fy vase. Fabanti/Agent: i OF GARNISHMENT To be completed by the court. See other side for additional information and instructions. THE PLAINTIFF: You must provide all copies of the disclosure form (MC 14), two copies of this writ for serving on the and a $1.00 disclosure fee for serving on the garnishee. You are responsible for having these documents served on garnishee within 182 days. If the disclosure states that the garnishee holds property other than money belonging to the you must motion the court within 56 days after the disclosure is filed for an order to apply the property toward the NOTE: The social security number field is blacked out for security reasons on all parts except the garnishee copy. THE DEFENDANT: See separate instructions. : 1. Do not dispose of any negotiable instrument representing a debt of the garnishee or any negotiable instrument of title representing property in which you claim an interest held in the possession or control of the garnishee. 2. You have 14 days after this writ is mailed_or delivered you to file objections with the court. If you do not take this □□□□□□ within this time, without further notice, the property or debt held under this writ may be applied to the judgment 28 days afte this writ was mailed or delivered to the garnishee. THE GARNISHEE: 1. Within 7 days after you are served with this writ, you must deliver a copy of this writ to the defendant in person or mail a copy to his or her last-known address by first-class mail. 2. Deliver no tangible or intangible property and pay no obligation to the defendant unless allowed by statute or court rule. 3. Within 14 days after you are served with this writ, you must deliver or mail copies of your verified disclosure (form MC 14) io the court, plaintiff/attorney, and defendant. A default may be entered against you for failure to comply with this order. 4. to the defendant, you must withhold an amount not to exceed the amount of ihe judgment stated in item 2 of the request. Payment of withheld funds must be made 28 days after you are served with this writ unless notified that an objection has been filed. You are ordered to make the payment withheld under this writ payable te he plaintiff _] the plaintiff's attorney |_| the court and mail it to: he plaintiff. _| the plaintiff's attorney. [_]the court. 5. If you hold property other than money belonging to the defendant, do not transfer it until further order of the court. | ~~+Expiration date for service + +CDeputy courtolek =