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TAYLOR L. RANDOLPH, ESQ. RANDOLPH LAW FIRM, PC Nevada Bar No. 10194 2045 Village Center Circle Las Vegas, NV 89134 Tel: 702-877-1313 Fax: 702-233-5597 Attorney for Debtor Michael J. Coker UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA In Re: ) Chapter 13 ) Case No. 2:11-bk-24403-mkn ) Michael J. Coker, ) Motion to Withdraw as Counsel and Dismiss Debtor ) Chapter 13 Petition ) ) Hearing Date: December 15, 2011 _____________________________________ ) Hearing Time: 2:30 p.m. COMES NOW, Taylor L. Randolph, Esq., of the Law Office of Randolph Law Firm P.C., attorney for Debtor, and moves this honorable court for an Order allowing the Law Office of Taylor L. Randolph, Esq. to withdraw as attorney of record for the Debtor as well as motion to dismiss chapter 13 petition, in the above entitled matter; pursuant to Rule LR IA 10-6. This Motion is based upon the pleadings, papers and files herein, together with Memorandum of Points and Authorities and the Affidavit of Taylor L. Randolph, Esq., attached hereto, and testimony of counsel to be submitted at the time of the hearing of this Motion. This 31st day of October, 2011. By______/s/ Taylor Randolph______________
TAYLOR L. RANDOLPH, ESQ. RANDOLPH LAW FIRM, PC Nevada Bar No. 10194 2045 Village Center Circle Las Vegas, NV 89134 Tel: 702-877-1313 Attorney for Debtor

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NOTICE OF MOTION To: Michael Coker e Henderson, NV 89052 Kathleen Leavitt 201 Las Vegas Blvd. South Suite 200 Las Vegas, NV 89101 Courtsecf3@las13.com YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the undersigned will bring the foregoing MOTION TO WITHDRAW AS COUNSEL OF RECORD FOR Debtor or for hearing before the above-entitled Court on the December 15, 2011 at the hour 2:30 p.m., in the above-entitled Court, or as soon thereafter as counsel may be heard. MEMORAMDUM OF POINTS AND AUTHORITIES LR IA 10-6. APPEARANCES, SUBSTITUTIONS AND WITHDRAWALS (a) A party who has appeared by attorney cannot while so represented appear or act in the case. An
attorney who has appeared for a party shall be recognized by the court and all the parties as having control of the client's case. The court in its discretion may hear a party in open court even though the party is represented by an attorney. (b) No attorney may withdraw after appearing in a case except by leave of court after notice served on the affected client and opposing counsel.

1.

The attorney in an action or special proceeding may be changed at any time before judgment or final determination.

2.

An attorney can request withdrawal upon the order of the Court or judge thereof on the application of the attorney or the client.

3.

A lawyer shall not represent a client or, where representation has commenced, shall withdraw from representation of a client without seeking the leave of the court.

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4.

This withdrawal will not result in violation of the rules of professional conduct or other law.

5. 6. 7.

Presently, the debtors objectives differ with the attorneys objectives. Communication with debtor has become strained or nonexistent. This withdrawal can be accomplished without material adverse effect on the interests of the client.

8.

The undersigned attorney is a solo practitioner and this representation is resulting in an unreasonable financial burden on the lawyer. WHEREFOR, this movant respectfully requests this Honorable Court to grant this Motion to Withdraw as Attorney for Debtor.

Respectfully submitted,

By______/s/ Taylor Randolph______________

TAYLOR L. RANDOLPH, ESQ. RANDOLPH LAW FIRM, PC Nevada Bar No. 10194 2045 Village Center Circle Las Vegas, NV 89134 Tel: 702-877-1313 Attorney for Debtor

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DECLARATION OF TAYLOR L. RANDOLPH, ESQ. IN SUPPORT OF MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR DEBTOR STATE OF NEVADA COUNTY OF CLARK ) )ss: )

I TAYLOR L. RANDOLPH, ESQ., under penalty of perjury declare and says: 1. 2. That I am the attorney for Debtor in the above-entitled matter. That it no longer appears that it is in the best interests of Debtor for that this

counsel to remain as attorney of record for Debtor for the reasons hereinafter set forth. 3. That the filing and granting of this Motion to Withdraw is not intended to cause

any delay of the trial or any hearing or of any other matter in this case 4. That the undersigned counsel has taken all the reasonable steps to communicate

with Debtor in every possible ways including voice mail, email and letters.
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5. exhausted. 6. 7.

That the limited scope of representation, that Debtor retained counsel for was

Communication with client has become strained or non existent. For the foregoing reasons, your affiant respectfully requests that this Court grant

the foregoing Motion to Withdraw as Counsel of Record for Debtor in the above referenced case. DATED: This 31st day of October, 2011.

By______/s/ Taylor Randolph______________

TAYLOR L. RANDOLPH, ESQ. RANDOLPH LAW FIRM, PC Nevada Bar No. 10194 2045 Village Center Circle Las Vegas, NV 89134 Tel: 702-877-1313

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TAYLOR L. RANDOLPH, ESQ. RANDOLPH LAW FIRM, PC Nevada Bar No. 10194 2045 Village Center Circle Las Vegas, NV 89134 Tel: 702-877-1313 Fax: 702-233-5597 Attorney for Debtor Michael J. Coker UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA In Re: ) Chapter 13 ) Case No. 2:11-bk-24403-mkn ) Michael J. Coker, ) Notice of Hearing Debtor ) ) Hearing Date: December 15, 2011 ) Hearing Time: 2:30 p.m. _____________________________________ ) NOTICE IS HEREBY GIVEN that a Motion to Withdraw As Counsel and To Dismiss Chapter 13 case was filed on 10/31/2011 by counsel Taylor L. Randolph, Esq. The Motion seeks the following relief: Withdraw as Counsel; Dismiss Chapter 13 Petition. Any opposition must be filed pursuant to Local Rules. NOTICE IS FURTHER GIVEN that if you do not want the court to grant the relief sought in the Motion, or if you want the court to consider your views on the Motion, then you must file an opposition with the court, and serve a copy on the person making the Motion no later than 14 days preceding the hearing date for the motion, unless an exception applies (see

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Local Rule 9014(d)(3)). The opposition must state your position, set forth all relevant facts and legal authority, and be supported by affidavits or declarations that conform to Local Rule 9014(c). If you object to the relief requested, you must file a WRITTEN response to this pleading with the court. You must also serve your written response on the person who sent you this notice. If you do not file a written response with the court, or if you do not serve your written response on the person who sent you this notice, then: The court may refuse to allow you to speak at the scheduled hearing; and The court may rule against you without formally calling the matter at the hearing. NOTICE IS FURTHER GIVEN that the hearing on the said Motion will be held before a United States Bankruptcy Judge, in the Foley Federal Building, 300 Las Vegas Boulevard South, Third Floor, Bankruptcy Courtroom No. December 15, 2011 at the hour of 2:30 pm.
2

, Las Vegas, Nevada 89101 on

_________________________ US Bankruptcy Judge

Submitted by: __/s/ Taylor Randolph______________

TAYLOR L. RANDOLPH, ESQ. RANDOLPH LAW FIRM, PC Nevada Bar No. 10194 2045 Village Center Circle Las Vegas, NV 89134 Tel: 702-877-1313 Attorney for Debtor

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UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA In Re: ) ) ) Michael J. Coker, ) Debtor ) ) ) _____________________________________ ) Chapter 7 13 Case No. bk-S-10-10104 2:11-bk-24403-mkn ORDER Notice of Hearing Hearing Date: December 15, 2011 Hearing Date: 03/10/2010 Hearing Time: 2:30 p.m. Hearing Time: 09:30 am

PROPOSED ORDER

This Motion Came to Hearing on December 15, 2011 at 2:30 pm.

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IT IS ORDERED THAT counsel for Debtor Michael J. Coker shall withdraw from this case. This 31st day of October, 2011.

____________________________ US Bankruptcy Judge Reviewed and submitted by:

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__/s/ Taylor Randolph______________

TAYLOR L. RANDOLPH, ESQ. RANDOLPH LAW FIRM, PC Nevada Bar No. 10194 2045 Village Center Circle Las Vegas, NV 89134 Tel: 702-877-1313

TAYLOR L. RANDOLPH, ESQ. RANDOLPH LAW FIRM, PC Nevada Bar No. 10194 2045 Village Center Circle Las Vegas, NV 89134 Tel: 702-877-1313 Fax: 702-233-5597 Attorney for Debtor Michael J. Coker UNITED STATES BANKRUPTCY COURT DISTRICT OF NEVADA In Re: ) Chapter 13 ) Case No. 2:11-bk-24403-mkn ) Michael J. Coker, ) Notice of Hearing Debtor ) ) Hearing Date: December 15, 2011 ) Hearing Time: 2:30 p.m. _____________________________________ ) CERTIFICATE OF SERVICE RE MOTION TO WITHDRAW AS COUNSEL AND DISMISS CHAPTER 13 PETITION The undersigned, Taylor L. Randolph, hereby certify that a copy of the above titled document filed in the above captioned case, was noticed by me on October 31, 2011 and parties were served, as specified below: Electronic service (e-mail) Courtsecf3@las13.com

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Certified Mail

Michael Coker Henderson, NV 89052

Dated: October 31, 2011 I declare under penalty of perjury that the foregoing is true and correct. _/s/ Taylor L. Randolph________________________ Taylor L. Randolph, Esq.

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