In Re: JCK Legacy Company

Background

Alberto Colt-Sarmiento, appearing without a lawyer, filed an appeal seeking review of a March 21, 2025 Bankruptcy Court order. That order denied his request to amend, reconsider, or obtain relief from an earlier Bankruptcy Court order disallowing his proof of claim. Yale Scott Bogen is identified as the appellee. On August 7, 2025, Colt-Sarmiento asked the district court to waive the appeal’s filing fee and appoint volunteer counsel.

Filing Fees

Because Colt-Sarmiento is incarcerated, the court authorized him to proceed without prepaying fees under 28 U.S.C. § 1915.

Request for Counsel

The court explained that courts generally cannot require attorneys to represent people without lawyers in civil cases. Under 28 U.S.C. § 1915(e)(1), however, the court may ask its Pro Se Office to seek a volunteer attorney from the court’s Pro Bono Panel for an indigent litigant. The court said the first consideration is whether the litigant’s position appears likely to have substance, followed by factors such as the person’s ability to gather facts and present the case without assistance.

Ruling

The court stated that, at this stage, it could not conclude that Colt-Sarmiento’s claims were likely to have merit, while noting that this could change as the litigation progresses. It therefore DENIED without prejudice his application for appointment of pro bono counsel, allowing a possible renewal at a later stage. The order did not decide the merits of his appeal from the Bankruptcy Court order.