Opinion · Court of Appeals for the Ninth Circuit
In Re America West Airlines, Debtor. Seymour Licht v. America West Airlines Equity Security Holders Committee
In Re Am. W. Airlines, Debtor. Seymour Licht v. Am. W. Airlines Equity Sec. Holders Comm., 40 F.3d 1058 (9th Cir. 1994)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1994-11-25
- Topic
- bankruptcy
holding that a non-attorney may not appear on behalf of a partnership | stating that “[c]orporations and other unincorporated 22 associations must appear in court through an attorney.” | stating that 24 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that 24 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that 22 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other unincorporated associations must 23 appear in court through an attorney.” | stating that “[c]orporations and other 27 unincorporated associations must appear in court through an attorney.” | stating that 23 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other 26 unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other unincorporated associations must appear in court 20 through an attorney.” | stating that “[c]orporations and other 24 unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other 24 unincorporated associations must appear in court through an attorney.” | stating that 22 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other 24 unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other 23 unincorporated associations must appear in court through an attorney.” | stating that "[c]orporations 19 || and other unincorporated associations must appear in court through an attorney." | stating that 20 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other 27 unincorporated associations must appear in court through an attorney.” | stating that 23 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that 23 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that 21 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that 25 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other 21 unincorporated associations must appear in court through an attorney.” | stating that "[c]orporations and other unincorporated associations 20 must appear in court through an attorney." | stating that 22 “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other 23 unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other unincorporated associations must appear in court through an attorney.” | stating that “[c]orporations and other unincorporated associations must appear in court through an attorney.” | Non-attorney members of a partnership could not appear in bankruptcy court on behalf of the partnership as corporations and other unincorporated associations must appear in court through an attorney. | “Corporations and other unincorporated 26 | associations must appear in court through an attorney.” | “Corporations and other unincorporated associations must appear in court 24 through an attorney.” | “non-attorney members of a partnership 19 [cannot] appear on behalf of the partnership” | non-attorney members of a partnership cannot appear on behalf of the 19 partnership | “Corporations and other unincorporated associations 3 must appear in court through an attorney.” | “Corporations and other unincorporated 15 associations must appear in court through an attorney.” | “Corporations and other unincorporated 23 assoc
Citator
- Cited by
- 81 opinions
Pamela M. Jimenez, Lord, Bissell, Brook, Chicago, IL, for appellees.
[2] Corporations and other unincorporated associations must appear in court through an attorney.See C.E. Pope Equity Trust v.United States,818 F.2d 696,697-98(9th Cir. 1987);Church ofthe New Testament v. United States,783 F.2d 771,773-74(9th Cir. 1986);see also Eagle Assocs. v. Bank of Montreal,926 F.2d 1305,1309-10(2d Cir. 1991) (partnership not allowed to be represented by non-attorney partner).
[3] InUnited States v. Reeves,however, we allowed a non-attorney partner to represent his interest in a partnership pursuant to Alaskan partnership statute.431 F.2d 1187,1188(9th Cir. 1970). The Supreme Court inRowland v. California Men'sColonyrecently criticized our holding inReevesand observed that "save in a few aberrant cases [includingReeves], the lower courts have uniformly held that28 U.S.C. § 1654, providing that `parties may plead and conduct their own case personally or by counsel,' does not allow corporations,partnerships,or associations to appear in federal court otherwise than through a licensed attorney." ___ U.S. ___, ___,113 S.Ct. 716,721,121 L.Ed.2d 656(1993) (footnote omitted and emphasis added). Thus, to the extent thatReevesstood for the proposition that nonattorney members of a partnership could appear on behalf of the partnership, the Supreme Court inCalifornia Men's Colonyhas overruled that holding.See___ U.S. at ___,113 S.Ct. at 721.
[4] The remaining issue regarding Licht's right to represent himself pro se as an individual creditor of the debtor, America West Airlines, Inc. is addressed in a separate memorandum disposition filed concurrently with this opinion. In the disposition, we vacate part of the order and remand to the bankruptcy court.
[5]AFFIRMED in part, VACATED in part, and REMANDED.