D'Angelo Camacho Carpo and Myrna Ayran Bautista-Carpo

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1On December 11, 2009, the court issued an Amended Notice of
Status Conference for January 12, 2010, directing Debtors and
their counsel to appear; the notice also directed Debtors to file
a status conference statement no later than 14 days prior to the
status conference. 	Mr. Umbreit (Debtors’ counsel) did not file a
status conference statement and did not appear at the status
conference. 	Instead, Thomas Hesketh, Esq. (who was not a member
of Mr. Umbreit’s firm) appeared specially.
At the January 12 status conference, the court informed Mr.
Hesketh on the record that it was ordering Mr. Umbreit to appear
in person at a continued status conference on January 28, 2010,
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UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
In re 	) Bankruptcy Case
) No. 09-32520DM
D’ANGELO CAMACHO CARPO, and 	)
MYRNA AYRAN BAUTISTA-CARPO, 	) Chapter 11
dba Elena Home Care, 	)
)
Debtors. 	)
___________________________________)
MEMORANDUM DECISION ON MOTION FOR RECONSIDERATION
OF ORDER IMPOSING SANCTIONS AGAINST TIMOTHY UMBREIT, ESQ.
On February 4, 2010, this court entered an order (“OSC”)
directing Timothy Umbreit, Esq., to appear in person at a hearing
on March 5, 2010, to show cause why the Bander Law Firm should not
be compelled to disgorge all fees and retainers paid to it by
D’Angelo Camacho Carpo and Myrna Ayran Bautista-Carpo (“Debtors”)
and why Mr. Umbreit should not be personally sanctioned for
failure to comply with this court’s prior directive to appear in
person at a January 28 status conference. 1 	Mr. Umbreit did not
Signed and Filed: September 03, 2010
________________________________________
DENNIS MONTALI
U.S. Bankruptcy Judge
________________________________________
Entered on Docket
September 07, 2010
GLORIA L. FRANKLIN, CLERK
U.S BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
Case: 09-32520 Doc# 164 Filed: 09/03/10 Entered: 09/07/10 11:15:24 Page 1 of
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and that he must file a status conference statement no later than
January 21. 	The minutes of the hearing state:
Courtroom Hearing Continued (RE: Notice of Status
Conference Chp 11 Individual - related document(s) 46 )
(Continued to 1/28/2010 03:00 PM at San Francisco
Courtroom 22 - Montali) 	(The U.S. Trustee may file a
motion to convert or dismiss by 1/15/10 and shall be
heard on 1/28/10 at 3:00 p.m. Debtors to file a status
conference statement seven days prior to the continued
hearing. Counsel for the debtors, Timothy Umbreit, is
directed to appear in person at the continued hearing;
no telephone appearance shall be allowed.)(lp) (Entered:
01/12/2010).
Mr. Umbreit did not appear at the January 28 status conference and
did not file a status report. 	On the date of the hearing, Shonda
from Mr. Umbreit’s office called the courtroom deputy and left a
message that Mr. Umbreit would not be appearing.
2The Bander Law Firm filed a chapter 7 petition on February
12, 2010 (Case No. 2:10-bk-15066-AA) in the Central District of
California. 	Mr. Umbreit has not filed bankruptcy.
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appear at the March 5 hearing on the OSC 2 and he did not file a
written response to the OSC seven days prior to the hearing (as
directed in the OSC).
Finding that Mr. Umbreit’s conduct (including his failure to
attend hearings as directed by the court)--both individually and
as the attorney of record (through the Bander Law Firm)--was
willful, the court entered an order on March 22, 2010, imposing
sanctions in the amount of $5,000 against him personally (the
“Sanctions Order”). 	The Sanctions Order directed Mr. Umbreit to
pay that amount to Debtors, in care of their new counsel, by April
5, 2010. 	Mr. Umbreit has not made the payment.
Mr. Umbreit filed a motion for reconsideration and for relief
from the Sanctions Order on April 2, 2010. 	He did not seek a stay
of the Sanctions Order. 	The court held a hearing on the motion
for reconsideration on April 30, 2010.
Case: 09-32520 Doc# 164 Filed: 09/03/10 Entered: 09/07/10 11:15:24 Page 2 of
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While the court understands that Mr. Umbreit’s association
with Bander Law Group was fraught with disorganization and chaos
not necessarily attributable to him, he nonetheless chose not to
attend the January 12 status conference and chose to disregard the
court’s directive to appear in person at the January 28 status
conference. 	More importantly, he chose to act as Debtors’
principal bankruptcy counsel, for which he must bear
responsibility.
Debtors paid $20,000 or more to Mr. Umbreit’s firm, but
neither Mr. Umbreit nor any other attorney from his firm ever met
Debtors in person. 	Mr. Umbreit’s decision to represent Debtors
without meeting them is consistent with the choices not to appear
or file documents as ordered by the court. 	Notwithstanding the
culpability of his firm and the firm’s directors in the aggressive
solicitation of clients without a corresponding attention to
client needs, Mr. Umbreit signed and filed documents (including a
Rule 2016 statement) and held himself out to be Debtors’ counsel.
The court therefore maintains that Mr. Umbreit’s conduct vis-
a-vis the court orders and failure to file status conference
statements was conscious and willful. 	Further, his conduct in the
representation of Debtors was unprofessional and well below any
reasonable standard of care. 	As a result, for the reasons set
forth in detail in the Sanctions Order and the court’s OSC, the
court will DENY Mr. Umbreit’s motion for reconsideration. 	Mr.
Umbreit remains obligated to pay Debtors the $5,000 ordered in the
Sanctions Order, plus interest at the federal rate since March 22,
2010. 	The court is concurrently entering an order to that effect.
**END OF ORDER**
Case: 09-32520 Doc# 164 Filed: 09/03/10 Entered: 09/07/10 11:15:24 Page 3 of
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COURT SERVICE LIST
D’Angelo Camacho Carpo
Myrna Ayran Bautista-Carpo
212 Correas St.
Half Moon Bay, CA 94019
Timothy F. Umbreit, Esq.
Bander Law Firm
1055 W. 7th St., #1950
Los Angeles, CA 90017
Timothy F. Umbreit, Esq.
4701 Cartwright Ave
Toluca Lake, CA 91602
Case: 09-32520 Doc# 164 Filed: 09/03/10 Entered: 09/07/10 11:15:24 Page 4 of
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