The Arkansas Lawyer - Summer 2007

Page 29

I

La\l\ycr DisciplinalY • (tions

: , NORMAN DAVID ANGELERI. Bar No. 2002040. of Co nway. Arkansas. was suspended for six (6) months by Committee Co nsent Findings & Order filed April 2.

2007. on a Judicial Complaint by United Stares Bankruptcy Judge James Mixon in Case No. 2006-066. for violation of Rules 1.1 5(a)(4). 3.3(a)( I) . 8.4(c). and 8.4(d).

discharge in bankruptcy. By Order entered

April 17.2006. Mr. Angeleri was ordered ro paid Ms. Ersery a total of $ 1,200 in various fees, which he did by rwo checks issued to

her in April 2006. Judge Mixon then co ndu cred anoth er

hearing on May 8. 2006. ar which Mr.

Consent Findings & Order fil ed April 2. 2007. on a Complaint filed by Pamela Cox in Case No. 2006- 106. for violation of Rules I. I 6(d) and 8.4(c) . Pamela Cox of Russellville hired Mr. Angeleri on November 28. 2005. and paid him a partial fee payment ($ 175) to f~ e a Chapter 7 bankruptcy petition for her. By

Dionne Ersery hired Mr. Angeleri on or

Angel eri testified about th e Ersery marter. Mr. Angeleri made fal se statemems to the

about September 15. 2005 . to file a Chapter

Courr in filings in th e Ersery case with regard

February 27. 2006. she had paid Mr. Angeieri a total of $400. his tOtal quoted fee of $350

7 bankruptcy petition for her. By check she

to the paymenr status of her fi ling fee. Mr. Angeleri's testimony at the May 8, 2006,

plus the $50 required credit counseling fee. He never fi led her peririon. Mr. Angeleri

hearing indicated he did not use proper

closed his Little Rock office and she was

paid him a (Otal of $559.00 011 September 15.2005. which included $209 for her filing fee and $350 for his attorney's fee. per his

trust accounting procedures for his attorney

thereafter unable to locate or co ntact him

Attorn ey Fee Agree mem with her of that

truSt accoum, having no documentation by

abour her legal matter.

date. On October 16. 2005. he fi led her Chapter 7 petition . which did not contain

which he could track payments made by

In August 2006. she hired Little Rock attorney C larence Cash ro f~e her Chapter 7. which he did on August 7. 2006. Mr.

specific clients that were deposited into his

her signature on the petition , as required by

trust account, and having no ledger sheets,

Bankruptcy law and regulation. Mr. Angeleri

o r equivalent documentarion . by which he could accurately determine the stams of any

has not produced an original petition signed

by her from his file. On October 16. 2005. he filed for her a Statement Pursuant co Rule 2016(B). stating he had received $350 from her as his legal fee, bur nothing on her filing fee . The statement about having received nothing from her on the $209 filing fee was a knowing. false statement by Mr. Angeleri. as he had received the $209 for the filing fee in her check on September 15. 2005.

individual diem's funds held in his trust accoum.

NORMAN DAVlD ANGELERI. Bar No. 2002040. of Conway. Arkansas. was suspended forrhree (3) months byCommirree

Angeleri promised to make a refund to her,

and finally sent a check for $175 ro her through M r. Cash on August 3 1. 2006. That check was replaced by Mr. Angeieri 's personal check #1118 for $350.00 dated September 12. 2006. which Mr. Cash forwarded to Ms. Cox on September 20. 2006.

Even after a no dce of non-payment to

him by the Clerk in the Order Regarding Deficiencies dated Ocrober 20. 2005. Mr. Angeleri fa iled to pay her filing fee. resulting

ELECTRICAL ACCIDENTS

in the dismissal of her case by Order on

Paul D . Mixon, Ph .D., P.E.

December 12. 2005. On December 22.

Engineering Consu ltant P.O. Box 3338 State University. AR 72467 (870) 972-2088 (870) 972-3948 FAX

2005, Mr. Angeleri filed a motion

to

re instate

her case, claiming her filing fee was by then paid. Her motion to reinstate was to be heard

on February 7. 2006. but Mr. Angeleri and

pmixon@astate.edu

she fai led to appear and the Court denied the mo ti on. A Jetter from Ms. Ersery was

pa uL m ixon@yahoo.com

received by Judge Mixon on February 24.

Accident I nvestigation and Anal ysis

2006, outlining problems she had with Mr. Angeleri and her case, and informing him of her paymem history with Mr. Angel eri.

Contact Cases and Electrocutions

On February 28. 2006. her new counsel.

• Electrical Injuries • Propetty and Equipment Damage

ro reins£3te her case and a motion for Mr.

• •

Angeleri to disgorge attorney's fees. A hearing

• Expert Witness

conducted on April 12. 2006. ar which Ms.

the Dickerson Law Firm , fil ed a motion

Ersery testifi ed, resulted in the emry of twO

Electrical Fires Safety Code Compliance

Disputes SetrIed

Orders. On April 18. 2006. an Order was emered grantin g Ms. Ersery her Chapter 7

Vol. 42 No. 3/ Sulluller 2007 The Arkansas La"Yer

II


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