Jeffery Watson Potter and Associated Case in US District Court

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
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06/10/06
Jeffery Watson Potter
05-14071
Order on [97-1] Motion To Withdraw As special counsel for debtor .
Received on: 2006-02-14 13:55:49.000
2006-02-14 00:00:00.000
2006-02-14 00:00:00.000
Patti Hennessy
Case 05-14071-trc7 Doc 129 Filed 02/14/06 Entered 02/14/06 15:55:00 Page 1 of 5

1The Motion to Withdraw was filed in the Debtor’s bankruptcy proceeding, and in Adversary
Proceeding Nos. 05-1216 M, 05-1218M, and 05-1129M.
2In Adversary Proceeding No. 05-1216 M and Adversary Proceeding No. 05-1218 M, the
following parties filed objections to the Motion to Withdraw: Martin S. Friedlander (Docket # 11);
Thomas Bremman (Docket # 12); and Jeffrey Potter (Docket # 17). In Adversary Proceeding No.
05-1129 M, Jeffrey Potter and Martin S. Friedlander filed objections to the Motion to Withdraw.
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UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
In re: Jeffrey Potter, No. 11-05-14071 MS
Debtor.
ORDER ON MOTION FOR CONSENT TO WITHDRAW AS SPECIAL COUNSEL
FOR DEBTOR
THIS MATTER is before the Court on the Motion for Consent to Withdraw as Special
Counsel for Debtor1 (“Motion to Withdraw”) filed by The Bregman Law Firm, P.C. (Samuel H.
Bregman, II). The Bregman Law Firm, P.C. seeks to withdraw as special counsel for Jeffrey Potter.
Several parties filed objections to the Motion to Withdraw2, and the Court held a final hearing on the
Motion to Withdraw on January 30, 2006. The Court took the matter under advisement and directed
Mr. Bregman to submit an affidavit in support of his attorneys’ fees incurred in connection with his
representation of Jeffrey Potter. Upon consideration of the Motion to Withdraw in light of the Affidavit
as to Attorneys’ Fees, the Court FINDS:
1. On August 25, 2005, an Order Granting Debtor’s Motion to Employ The Bregman Law
Firm, P.C. (Samuel H. Bregman, II) As Special Counsel (“Employment Order”) was entered. The
Employment Order authorized The Bregman Law Firm, P.C. to represent the Debtor as special
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counsel in connection with the following matters:
El Llano Company, Inc., et al v. Summit Investment Company, LLC
Case No. CV-2003-000057, First Judicial District Court;
Valley National Bank v. Jeffrey Potter
Case No. CV-2003-00673, First Judicial District Court;
Jeffrey Potter, et al. v. Comeau, Maldegen, Templemen & Indall, LLP
Case No. CV-2005-00617, First Judicial District Court;
Jeffrey Potter v. Robert Engel, et al.
Case No. CV-2003-0097, First Judicial District Court; and
Richard P. Cook v. El Llano Summit Caja Del Rio, LLC and Jeffrey Potter
Case No. CV-2003-01251, First Judicial District Court
2. Of these five civil matters, three have been removed to the Bankruptcy Court: Valley
National Bank v. Jeffrey Potter, Adv. No. 05-1216M; Richard P. Cook v. El Llano Summit Caja Del
Rio, LLC and Jeffrey Potter, Adv. No. 05-1218 M; and Jeffrey Potter v. Robert Engel, et al., Adv.
No. 05-1129 M.
3. The Bregman Law Firm, P.C. received a retainer from Mr. Potter in the amount of
$22,500.00.
4. The Bregman Law Firm, P.C. incurred costs in the total amount of $5,765.69 in connection
with matters it was working on for Mr. Potter.
5. The Bregman Law Firm, P.C. may withdraw as special counsel for Jeffrey Potter in all
matters pending before the Bankruptcy Court provided that one-half of the balance of the retainer, after
deduction of costs in the amount of $5,765.69, is remitted to the Debtor-in-Possession, Jeffrey Potter,
and a release of any attorney charging lien The Bregman Law Firm, P.C., and/or Samuel H. Bregman,
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II might assert in connection with his representation of Jeffrey Potter is filed with the Court.
WHEREFORE, IT IS HEREBY ORDERED that approval of the Motion to Withdraw is
conditioned upon the following: 1) remittance of $8,367.15 to the Debtor-in-Possession, Jeffrey
Potter, within fifteen days of the date of entry of this order; 2) the filing of an affidavit in the
bankruptcy proceeding by Samuel H. Bregman, II that such funds were remitted to the Debtor-in-
Possession within that time period; and 3) the filing in the bankruptcy proceeding of a release of any
claim of attorney charging lien by The Bregman Law Firm, P.C. and Samuel H. Bregman, II. Upon the
filing of the affidavit and the release of claim of attorney charging lien as required by this Order, the
Court will enter an Order Granting the Motion to Withdraw in this bankruptcy proceeding, and in
Adversary Proceeding Nos. 05-1216 M, 05-1218 M, and 05-1129 M. If the funds are not remitted
within that time frame, and/or no affidavit evidencing the remittance of funds is filed with the Court,
and/or no release of any claim of attorney charging lien is filed with the Court, the Court will deny the
Motion to Withdraw.
_________________________________________
MARK B. McFEELEY
United States Bankruptcy Judge
I certify that on the date shown on the attached document verification, a true and correct copy of
the foregoing was either electronically transmitted, faxed, delivered or mailed to the listed counsel
and/or parties.
Sam Bregman
Special Counsel for Jeffrey Potter
111 Lomas Blvd. NW
Suite 230
Albuquerque, NM 87102
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Chris Pierce
Attorney for Jeffrey Potter
PO Box 6
Albuquerque, NM 87103
Martin S. Friedlander
10350 Wilshire Blvd., Ste. 603
Los Angeles, CA 90024
Thomas Bremman
1704 Edwardo Y. Juanita Ct. NW
Albuquerque, NM 87117 -7112
________________________________
Patti G. Hennessy
Law Clerk
(505) 348-2545
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