Doak’s Application to Be Southern Montana Lawyer Withdrawn

Sometimes in bankruptcy, as in poker, you’ve gotta know when to hold ‘em and when to fold ‘em. So with an agreement filed Wednesday, Jon Doak decided to lay ‘em down.

After months of attempts by members and creditors of the Southern Montana Electric Generation and Transmission Cooperative to unseat the attorney for Southern Montana, Jon Doak reached an agreement with the Chapter 11 trustee Wednesday to withdraw his application to serve as the company’s bankruptcy lawyer.

The agreement, which is still subject to court approval, says the appointment of an attorney “has been rendered moot” by the appointment of the Chapter 11 trustee: “The debtor was no longer a debtor in possession, as the trustee succeeded to all rights and properties of the debtor….The services of any attorney for the debtor in possession were likewise automatically terminated.”

Doak’s representation is being terminated retrospectively as of Nov. 29, and Doak & Associates won’t seek or receive any compensation for work on the case, the agreement said. The trustee is also asking that as a result of this agreement, the employment application, objections and hearing on the objections scheduled for Jan. 24 be vacated.

The agreement came days after a third objection to Doak & Associates’ representation of Southern Montana was filed.