Hidden Valley Lake, CA 95467
31 March 2017 | Disbarred (7 years ago) Disbarment 16-N-10317 |
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23 October 2016 | Not eligible to practice law in CA (7 years, 6 months ago) Ordered inactive 16-N-10317 |
9 April 2016 | Not eligible to practice law in CA (8 years ago) Ordered inactive 16-N-10317 |
18 February 2016 | Disciplinary charges filed in State Bar Court 16-N-10317 (8 years, 2 months ago) |
6 September 2015 | Not eligible to practice law in CA (8 years, 7 months ago) Discipline w/actual suspension 15-PM-11434 |
21 May 2015 | Not eligible to practice law in CA (8 years, 11 months ago) Ordered inactive 15-PM-11434 |
1 November 2014 | Not eligible to practice law in CA (9 years, 5 months ago) Admin Inactive/MCLE noncompliance |
1 July 2014 | Not eligible to practice law in CA (9 years, 10 months ago) Suspended, failed to pay fees |
10 January 2014 | Not eligible to practice law in CA (10 years, 3 months ago) Discipline w/actual suspension 12-O-11143 |
13 December 2012 | Disciplinary charges filed in State Bar Court 12-O-11143 (11 years, 4 months ago) |
12 June 1981 | Admitted to the State Bar of California (42 years, 10 months ago) |
January 10, 2014 THOMAS MELVIN SWIHART [#98564], 64, of Middletown was suspended for two years, stayed, placed on two years’ probation with an actual six-month suspension and ordered to take the MPRE, comply with rule 9.20 of the California Rules of Court and pay sanctions. The order took effect Jan. 10, 2014. Swihart stipulated to misconduct in two matters including filing skeleton petitions with the sole purpose of avoiding foreclosure, willfully disobeying or violating a court order and not reporting sanctions to the State Bar. In both of the matters, clients hired Swihart to file Chapter 13 bankruptcy petitions on their behalf, but Swihart did not submit all of the required forms and schedules at the time of filing or at any time after.In one case, in 2009 and 2010, Swihart filed two skeleton bankruptcy petitions on behalf of a client that contained conflicting information about properties the client purported to own. In the petitions, Swihart claimed to have confirmed the information, but actually hadn’t.The first petition was dismissed and on May 28, 2010, the Chapter 13 trustee filed a motion to dismiss the second case based on the inconsistencies between the two petitions and the impermissible filing of two petitions within six months. The court ultimately dismissed the case and ordered Swihart to pay $5,200 in sanctions to the U. S. Treasury. Swihart did not pay the sanctions and did not report them to the State Bar.In the other misconduct case, beginning in February 2007, Swihart filed two skeleton bankruptcy petitions on behalf of a client, which were followed by three others filed by his client acting in pro per. When the court dismissed one of the petitions the client filed in pro per, the court threatened the client with $5,000 in sanctions should she file additional petitions without permission. Despite knowing that his client was barred from filing other petitions, Swihart did so again, indicating on the petition that no bankruptcies had been filed in the past eight years.Ultimately, the court granted a motion for sanctions and ordered Swihart to return $2,200 in fees the client paid him and pay $2,000 to the U.S. Bankruptcy Court. Swihart paid the sanctions, but did not report them to the State Bar.In mitigation, Swihart had no prior discipline in 27 years of practicing law, entered into a pre-trial stipulation with the State Bar and presented numerous references who attested to his good character. |