In re Capet

William J. Lafferty, III U.S. Bankruptcy Judge

Chapter 13

On September 6, 2017, attorney for Debtor filed a Motion to Withdraw as Attorney ("the Motion") (doc. 34). The Motion was heard on September 14, 2017. At the hearing, the Court was left with the impression that counsel had served the Motion on his client, and nonetheless his client opted not to appear. The Motion was granted under that necessary assumption. Upon review of the certificate of service tied to the Motion (doc. 39), the Court finds no evidence that the client/debtor was served.

THEREFORE, Debtor's counsel has five days from the entry of this memorandum to file an amended certificate of service indicating that Debtor was served with the Motion (if such service actually occurred). Otherwise, the Court will rescind granting the Motion, and the Motion will need to be noticed on Debtor if it is to be prosecuted further.

Signed September 15, 2017

/s/ _________

William J. Lafferty
, III

U.S. Bankruptcy Judge

Jennifer Y. Capet
3706 Horner St.
Union City, CA 94587