UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

www.flsb.uscourts.gov

In re:

Charlotte Lockhart,

Debtor.

/

Case No.: 21-10643-MAM

Chapter 13

ORDER DIRECTING ATTORNEY BRAIN J. COHEN AND THE COHEN 

LAW FIRM, P.A. TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE 

IMPOSED

THIS MATTER came before the Court sua sponte. On October 20, 2021, 

Charlotte Lockhart (“Debtor”) filed a letter construed as a request for judicial 

assistance (ECF No. 33) (the “Motion”). The Court scheduled a hearing upon the 

Motion on November 16, 2021 at 11:00 a.m. (the “Hearing”). Shortly after the filing 

of the Motion but before the Hearing, Attorney Brian J. Cohen (“Cohen”) of The Cohen 

Law Firm, P.A. (the “Cohen Firm”) filed a motion seeking to withdraw as Debtor’s 

counsel (ECF No. 38) and a Response (ECF No. 39) to Debtor’s Motion. 

Mindy A. Mora, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on January 19, 2022.

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At the Hearing, Debtor represented that the payment amounts in the First 

Amended Plan filed as ECF No. 22 (the “Amended Plan”) exceeded any anticipated 

amount for plan payments.1 The Court then observed that the Amended Plan did not 

have an actual or “wet ink” signature for Debtor and instead contained only an “/s/” 

designation for Debtor. The Amended Plan also included an electronic signature for 

Cohen as the “Attorney with permission to sign on Debtor(s)’ behalf”. 

The Court then questioned Josh Arthur (“Arthur”), the attorney from the 

Cohen Firm attending the Hearing, whether an actual signature existed for Debtor

as to the Amended Plan. Arthur represented to the Court that he was unsure and 

would have to check the Cohen Firm’s files. Based upon this representation, the Court 

rescheduled the Hearing to December 21, 2021 (the “Continued Hearing”). 

Attorney Cohen attended the Continued Hearing. At that time, he represented 

to the Court that he signed the Amended Plan on Debtor’s behalf based upon a limited 

power of attorney (the “POA”) signed by Debtor in connection with her retention of 

1 Debtor’s original plan contemplated payments of $770 per month for the first 5 months and payments 

of $1,994.90 for months 6-60 (the “Phase 2 Plan Payments”). ECF No. 17. The First Amended Plan 

increased the Phase 2 Plan Payments to $2,576.35 per month. ECF No. 22. At the Hearing, Debtor 

represented that she never approved or contemplated plan payments above $1800 per month. It was 

unclear from the record of the Hearing and the Continued Hearing whether Debtor saw a copy of the 

Amended Plan or was advised of its terms by her counsel prior to its filing. As a result, the Court 

questions if Debtor was aware of the amount of the original Phase 2 Payments and also queries 

whether Debtor expressly approved the significantly increased Phase 2 Payments set forth in the 

Amended Plan. 

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the Cohen Firm to represent her in this Bankruptcy Case.2 Cohen did not produce an 

actual (wet ink) signature indicating Debtor’s intent to file the Amended Plan.3

Further questioning revealed that computations for the Debtor’s schedules and 

statements of financial affairs prepared by Cohen and/or the Cohen Firm included all 

of Debtor’s husband’s income but did not also include a full and accurate listing of all 

of his expenses. Rather, after including all of Debtor’s husband’s income, the Cohen 

Firm merely included a portion of the household expenses paid by such income. In re 

Quarterman, 342 B.R. 647, 651 (Bankr. M.D. Fla. 2006); In re Campbell, Case No. 17-

25246-LMI, 2019 WL 722759, at *2 (Bankr. S.D. Fla. Feb. 15, 2019) (citing same). As 

a result, it seems possible that the plan payments in the Amended Plan are based 

upon an inaccurate picture of Debtor’s available disposable income. 

In addition, the attorney for the Chapter 13 Trustee represented that the 

Cohen Firm has received plan payments of $2875.95, which constitutes all of the 

Chapter 13 Trustee’s disbursements under the Amended Plan to date, plus an 

additional $1,000 in prepetition payments. See ECF Nos. 16, 17, and 22. No other 

creditor has been paid pursuant to the original plan or the Amended Plan. 

2 Specifically, Cohen represented at the Continued Hearing that Debtor’s engagement letter (the 

“Engagement Letter” included the following provision: “Grant of limited power of attorney and 

authority to execute the chapter 13 plan and all other documents necessary. The client herein consents 

to the attorney preparing the plan and, if necessary due to time constraints, sign the plan and client 

herein grants a limited power of attorney for such purposes and for the purpose of signing any other 

schedule if needed.” Cohen further stated that the Engagement Letter followed a standard form 

utilized by the Cohen Firm for many years and that no separate court approval had been sought for 

exercise of the POA. 

3 Cohen indicated that it is the Cohen Firm’s typical practice to get a verbal consent from clients for 

plan changes and later seek an actual signature to back up that consent. This practice is inconsistent 

with Local Rules 5005-4, 9011-1, and Administrative Order 2020-13. Debtor disputes that her verbal 

consent was ever sought.

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Based upon these and other concerns, the Court deems it appropriate to

investigate whether sanctions are appropriate against Cohen and/or the Cohen Firm 

for failure to properly represent Debtor’s interests in this Bankruptcy Case. At that 

time, the Court will also consider whether disgorgement of all or any portion of the 

fees paid by Debtor to the Cohen Firm is appropriate. 

Accordingly, the Court, being fully advised in the premises, hereby ORDERS 

AND ADJUDGES that:

1. Cohen and the Cohen Firm are DIRECTED to show cause why the 

Court should not impose sanctions for failure to properly represent Debtor’s interests 

in the Bankruptcy Case. 

2. Cohen and the Cohen Firm are DIRECTED to file a copy of the full 

Engagement Letter with the POA upon the docket to this Bankruptcy Case within 

five days of entry of this Order. To the extent that the Engagement Letter or the

POA contain any personal or confidential information, Cohen is DIRECTED to 

redact such information from the filed copy of the Engagement Letter or the POA.

3. Cohen and the Cohen Firm are DIRECTED to file a copy of the legal 

authority supporting computation of Debtor’s disposable income as inclusive of all of 

Debtor’s husband’s income. 

4. The Court shall conduct a hearing on the Show Cause Order on 

February 1, 2022 at 11:00 a.m. The hearing will take place at the United States 

Bankruptcy Court located at 1515 N. Flagler Drive, Courtroom A, Room 801, West 

Palm Beach FL 33401.

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5. Although the Court will conduct the hearing in person, any interested 

party may choose to attend the hearing remotely using the services of Zoom Video 

Communications, Inc. (“Zoom”), which permits remote participation by video or by 

telephone. To participate in the hearing remotely via Zoom (whether by video or by 

telephone), you must register in advance no later than 3:00 p.m., one business day 

before the date of the hearing. To register, click on or enter the following registration 

link in a browser:

https://www.zoomgov.com/meeting/register/vJItdumqrzstGdoBW4nz6tq3IJmn8ydPxj4

6. If a party is unable to register online, please contact Maria Romaguera, 

Courtroom Deputy, at 561-514-4109 or email Maria_Romaguera@flsb.uscourts.gov.

7. All participants, whether attending in person or remotely, must observe 

the formalities of the courtroom, exercise civility, and otherwise conduct themselves 

in a manner consistent with the dignity of the Court. This includes appropriate 

courtroom attire for those participants appearing in person or by video.

###

Copies furnished to:

Brian J Cohen, Esq

The Cohen Law Firm, P.A.

1700 University Dr Suite 210

Coral Springs, FL 33071

Charlotte Lockhart

6591 Cobia Circle

Boynton Beach, FL 33437

AUST

Robin R Weiner, Ch 13 Trustee

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Attorney Cohen is directed to serve a copy of this Order in accordance with all 

applicable rules. 

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