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Updating and collecting bankruptcy court judgments (fee orders)
I used to always abstract my fees, record the abstract, and collect when the debtor wanted to refinance. Then I read a case where debtor's counsel was sanctioned for abstracting. Why? Because the plan did not include this option. The court held that since the plan did not include the option to abstract the fees, the recording of the abstract violated the plan. (sorry don't recall the case and don't want to dig all night to find it.) So , put the option in your plan and ask for permission when requesting final fees.
dennis
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Apr 9, 2014, at 2:35 PM, wrote:
>
> Actually Dennis knows more about this than I. In Olympic, the fees were vigorously contested and I expected appeals and further do-do. So I specifically asked Judge Donovan if I could put "judgment" in the order and he said sure. I don't believe the word judgment changes the right to collect the way we did but hopefully Dennis and or Dave Tilem will chime in. Jon >
>
The post was migrated from Yahoo.
I have a couple of bankruptcy court judgments (fee orders) that were
entered about a year ago and have been recorded. In addition to the
principal, these judgments now include annual 10% interest and collection
costs related to recording. One of these judgments is against a client and
another is against my client's creditor.
What is the procedure for getting a document from the bankruptcy court
showing the new principal balance, which now includes interest and
collection costs?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
I have a couple of bankruptcy court judgments (fee orders)that were entered about a year ago and have been recorded. In addition to the principal, these judgments now include annual 10% interest and collection costs related to recording. One of these judgments is against a client and another is against my client's creditor.
What is the procedure for getting a document from the bankruptcy court showing the new principal balance, which now includes interest and collection costs?
nk">Alik.Segal@gmail.com310-362-6157California Central District
The post was migrated from Yahoo.