Priscilla M. Dame

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLUMBIA
In re
PRISCILLA M. DAME,
Debtor.
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Case No. 07-00634
(Chapter 7)
Not for Publication in
West’s Bankruptcy Reporter
MEMORANDUM DECISION AND ORDER DENYING
DEBTOR’S EMERGENCY MOTION TO COMPEL AND TO APPOINT ATTORNEY
The debtor has filed an emergency motion to compel Mary
Durrum’s attorney, Andre Barber, to correspond with the debtor
electronically and to serve pleadings on her “via email and fax.”
The debtor has also requested that the court appoint an attorney
to represent her “since it is very apparent that without an
attorney, the Creditor’s counsel, Andre Barber, will continue to
attempt to violate her legal rights to a fair judicial process.”
The Federal Rules of Bankruptcy Procedure specify that
service on the debtor may be accomplished by United States first
class mail. 	Although parties are free to consent to alternate
arrangements, such as the provision of electronic and facsimile
courtesy copies, it is not required. 	If the debtor seeks an
The Memorandum Decision and Order below is signed.
Dated: May 6, 2008.
_____________________________
S. Martin Teel, Jr.
United States Bankruptcy Judge
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expedited response to a motion, the debtor should include with
any such motion a request to shorten the applicable objection
period. 	The debtor is not, however, at liberty to dictate the
manner in which her opponent serves an opposition, and the filing
by the debtor of a motion seeking expedited relief does not give
rise to a corresponding obligation on the part of Mr. Barber to
serve the debtor in a manner other than that which is called for
under the Federal Rules of Bankruptcy Procedure.
In her motion, Ms. Dame contends that she is disadvantaged
because she does not have access to the court’s electronic system
to make or receive filings. 	Although pro se debtors are not
permitted to file electronically, viewing of the court’s
electronic docket is available to the general public for free at
the clerk’s office and, for a modest fee, through PACER
elsewhere. 	The court therefore rejects the debtor’s suggestion
that Mr. Barber’s status as an electronic filer amounts to an
unfair advantage.
The debtor has also requested appointment of counsel, but
she does not identify a specific proceeding in which she wishes
appointment of counsel. 	There is no statutory right to
appointment of counsel, and the court’s discretionary appointment
of counsel depends on the particular matter for which the debtor
seeks appointment of counsel (which the debtor has not
described), and the debtor’s inability to obtain counsel (which
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the debtor has not addressed). 	It is thus
ORDERED that the debtor’s Motion to Compel and to Appoint
Attorney (Docket Entry (“DE”) No. 80, filed April 22, 2008) is
DENIED without prejudice to the debtor’s filing of a separate
motion for appointment of counsel that addresses the factors
relevant to the court’s disposition of such a motion.
[Signed and dated above.]
Copies to: Debtor; Chapter 7 Trustee; Office of United States
Trustee; Andre Barber.
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