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allows for an absolute statutory right to intervene . In responding to some of the arguments opposing intervention , the First Circuit noted : “ Our holding that the UCC is entitled to participate in the district court proceedings does not , of course , dictate the scope of that participation .” Id . at 64 . The court acknowledged that when intervention is allowed , the court still has the right to condition or restrict participation to ensure an “ efficient conduct of the proceedings .” Id . ( citing Fed . R . Civ . P . 24 , advisory committee ’ s note to 1966 amendment ). As the committee in this case had already agreed to limit its participation , the court found this was not a necessary issue to address in this case . While the committee had failed to comply with Fed . R . Civ . P . 24 ( c ) in accompanying its motion with a pleading setting forth the claim or defense for which intervention was sought , the court excused this non-compliance because it said the committee ’ s “ interest in the litigation was sufficiently clear .” Id . at 65 .
So can committees intervene as of right in adversary proceedings and do they have to follow the procedural rules for intervention under Fed . R . Civ . P . 24 ? It all depends on the circuit and the circumstances of the intervention . Despite the reasoning in these cases , it is probably best to formally intervene under Fed . R . Civ . P . 24 , either based on an absolute right under Section 1109 ( b ) and Rule 24 ( a )( 1 ) or compliance with Rule 24 ( a )( 2 ) or Rule 24 ( b ), and to remember Rule 24 ( c )’ s requirement to attach a pleading setting forth the claim or defense . It took 38 years to have this issue decided by only four circuits . Let ’ s hope it doesn ’ t take another 38 years before this circuit split is resolved .
Pro
Bono continued from page 7
assistance due to financial distress . He had heard about our program on the radio and since he was unable to keep up with his financial obligations due to his limited resources after losing his job as a delivery driver , he applied online with the help of his pastor . After 40 + hours extensive services from his pro bono attorney , the Court entered a Final Order of Discharge of his debts in Chapter 7 Bankruptcy . The client was extremely happy and relieved .”
• From Pro Bono Indiana , dba District 10 Pro Bono Project : “ Cameron is a disabled veteran whose wife and child were killed in a car accident . He was also in danger of losing his rental housing because he was struggling to pay rent . Years before he had gotten a judgment against a woman who allegedly did work on his prior home , but was never able to collect , both because he struggled with doing proceedings supplemental and she dodged service . He heard a rumor that she would be inheriting money from her father ’ s estate . A volunteer attorney filed a claim against the woman ’ s inheritance and helped him collect . $ 7,103 .”
Best Case Discount
I am very pleased to report that we were able to negotiate a 50 % discount with Stretto for those approved pro bono grant applicants in 2022 and in the future who request grant money to make an initial
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