Case No. 07-59818.United States Bankruptcy Court, E.D. Michigan, Southern Division.
November 9, 2010
ORDER DENYING DEBTORS’ SECOND MOTION TO REOPEN AND FOR RECONSIDERATION
THOMAS TUCKER, Bankruptcy Judge
This case is before the Court on Debtors’ motion filed November 9, 2010, entitled “Motion to Alter or Amend Order or Judgment or for Rehearing or Reconsideration”(Docket # 61, the “Motion”), which this Court construes as a second motion to reopen the case and for reconsideration of, and for relief from, the April 10, 2009 Order dismissing this case (Docket # 43). The Court denied Debtors’ first such motion in its Order filed on November 1, 2010 (Docket # 58). The Motion also seeks reconsideration of, and relief from, the Court’s November 1, 2010 Order denying the first motion for reconsideration.
The Court must and will deny the Motion (Docket # 61) for all the same reasons it denied Debtors’ first motion. (See Docket ## 51, 58). The Court incorporates into this Order, by reference, and now reiterates, everything it stated in its November 1, 2010 Order (Docket # 58).
In addition, the Court notes the following. It has come to the Court’s attention that the Debtors’ attorney who signed and filed the Motion (Docket # 61), namely Asad S. Farah (P53900), was suspended from the practice of law in Michigan, effective October 16, 2010, for 180 days.[1] Thus, it appears that Debtors’ attorney Asad S. Farah was suspended at the time he
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filed the Motion, on November 9, 2010.[2] Because of that suspension by the State Bar of Michigan, Mr. Farah is automatically suspended from practicing in this Court, also effective October 16, 2010. See L.R. 83.22(g)(1)(A) (E.D. Mich.)[3]
This is an additional reason why the Motion must be denied.
The Court further notes that in the Motion, attorney Farah appears to have used a State Bar of Michigan identification number (a “P” number) that is not his own, but rather one belonging to a different Michigan attorney, who is not suspended. On page 7 of the Motion, under his signature, attorney Farah lists the P number “P0066174.” (Docket # 61 at 7). That P number belongs to attorney Achla B. Karnani, of Ann Arbor, Michigan. See
Member Directory, State Bar of Michigan web site, at: http://www.michbar.org/memberdirectory/detail.cfm?PID=66174. It does not belong to Asad Farah. Rather, his P number is P53900 See id. at http://www.michbar.org/memberdirectory/detail.cfm?PID=53900. And P53900 is the P number
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that Mr. Farah used in the filings he made in this case before
his October 16, 2010 suspension. See, e.g., Docket ## 50 at 1; 49 at 1 (caption); 47 at 1 (caption) and 2.
It further appears that attorney Farah is also licensed to practice law in Ohio, and that his Ohio Registration Number is 0066174.[4] See Attorney Information web page maintained by the Supreme Court of Ohio, at
This might explain and even justify Mr. Farah’s use of this number in filing the Motion, except that under his signature on page 7 of that document he lists it as a P number (P0066174), clearly implying that it is a Michigan Bar number, [5] and he gives no indication whatsoever that it is an Ohio registration number.
For all of the above reasons,
IT IS ORDERED that the Motion (Docket # 61) should be, and is, DENIED.
Signed on November 9, 2010
http://www.michbar.org/memberdirectory/detail.cfm?PID=53900.
When another jurisdiction enters an order of discipline against an attorney admitted to practice in this court, the same discipline is automatically effective in this court without further action by the court. On receipt of written notice that another jurisdiction entered an order of discipline against an attorney admitted to practice in this court, the chief judge will enter an order imposing the same discipline, effective as of the date that the discipline was effective in the other jurisdiction.
(emphasis added).