Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Tuesday, November 12, 2013

Notice to former counsel does not equal notice to party

Lampe v. Kash, No. 12-4487 (6th Cir. 2013) (published)

In this bankruptcy case, the matter for which the attorney represented the client ended 8 years ago.  Notice of bankruptcy proceedings sent to the former attorney is not notice to the client because it is not reasonably likely that notice will reach the client, not the best way to reach the client, and the attorney is no longer the agent of the client or obligated to pass notice on to her.

This is not an immigration case but the comments about sufficiency of notice may help in that context.

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