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stipulaton for settlement
Michael,
1303 and 1304 give the debtor certain rights and powers regarding assets of the estate. Hiring special counsel isn't a problem, but payment of special counsel's attorney's fees and costsrequires court approval and modification of the plan if payment will come from the estate.
Rule 9019 must be followed when the settlement affects the estate.
Peter
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Saturday, May 3, 2014 4:06 PM, Michael Avanesian wrote:
I apologize ahead of time if theoretical discussions are inappropriate.
I noticed that earlier Jay Fleischman was told he didn't have to employ a workers comp attorney, nor obtain approval of the settlement, nor modify the Chapter 13 Plan (understandable since everything was exempt).
Now Stella asked if she should move for a motion under 9019 for approval of a financing transaction and the answer looks like it's "No, unless title company wants you to."
In a Chapter 11, any of the above would be met with heavy scrutiny and would be required for obvious reasons.
My question is if Stella decided to file a 9019 motion, what authority does she have to do so? I thought 9019 was limited to the Trustee (and trustee clones).
If the answer is that "this is just how it's done in the Chapter 13 world," is there a book that someone can recommend for me to read to catch up on the development of Chapter 13 practice? I just want to broaden my theoretical understanding.
Sincerely,
Michael Avanesian
On Sat, May 3, 2014 at 2:16 PM, cdcbaa wrote:
>
>depends on what you can get title to approve. i'd try stip first..
>
>
>d
>
>
>Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>
>On May 3, 2014, at 11:22 AM, wrote:
>
>
>
>>I entered into a stipulation for settlement of adversary proceeding in a chapter 13 case which I filed on behalf of debtors. No money is coming to the debtors, it is just a subordination agreement to allow them to refinance their home. Do I need to file a 9019 motion in the main case and serve all the nearly 100 creditors with the motion or is a stipulation in the adversary case sufficient.
>>
>>
>>Stella
The post was migrated from Yahoo.
Mike:
Theory is fine. As long as it is bankruptcy related.
Maybe this is something we could ask the ch 13 lawyers on the 31st? Why is 13 practice so less rigid than 11 practice? We used to ask for a "trustee's certificate" to shortcut this difference, but that stopped after Elsie Davis left. Elsie was allowed to file a certificate to approve a sale, borrow money, a lot of things. I have no idea if this was a national practice at the time of just a local shortcut.
The real question is which rules are strongly enforced and which are glossed over in the different chapters?
I'll give an example. Read 4001(d)(1)(A)(i). It requires a separate motion to approve an adequate protection agreement. This means if the secured creditor's lawyer calls and asks for payments, you have to file a motion and get approval, before your client can pay. Have you ever seen such a motion? No, no one follows that rule.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On May 3, 2014, at 4:05 PM, Michael Avanesian wrote:
>
> I apologize ahead of time if theoretical discussions are inappropriate.
>
> I noticed that earlier Jay Fleischman was told he didn't have to employ a workers comp attorney, nor obtain approval of the settlement, nor modify the Chapter 13 Plan (understandable since everything was exempt).
>
> Now Stella asked if she should move for a motion under 9019 for approval of a financing transaction and the answer looks like it's "No, unless title company wants you to."
>
> In a Chapter 11, any of the above would be met with heavy scrutiny and would be required for obvious reasons.
>
> My question is if Stella decided to file a 9019 motion, what authority does she have to do so? I thought 9019 was limited to the Trustee (and trustee clones).
>
> If the answer is that "this is just how it's done in the Chapter 13 world," is there a book that someone can recommend for me to read to catch up on the development of Chapter 13 practice? I just want to broaden my theoretical understanding.
>
>
> Sincerely,
> Michael Avanesian
>
>> On Sat, May 3, 2014 at 2:16 PM, cdcbaa wrote:
>>
>> depends on what you can get title to approve. i'd try stip first..
>>
>> d
>>
>>
>> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
>>
>>
>>> On May 3, 2014, at 11:22 AM, wrote:
>>>
>>>
>>>
>>> I entered into a stipulation for settlement of adversary proceeding in a chapter 13 case which I filed on behalf of debtors. No money is coming to the debtors, it is just a subordination agreement to allow them to refinance their home. Do I need to file a 9019 motion in the main case and serve all the nearly 100 creditors with the motion or is a stipulation in the adversary case sufficient.
>>>
>>>
>>>
>>> Stella
>>>
>
>
The post was migrated from Yahoo.
I apologize ahead of time if theoretical discussions are inappropriate.
I noticed that earlier Jay Fleischman was told he didn't have to employ a
workers comp attorney, nor obtain approval of the settlement, nor modify
the Chapter 13 Plan (understandable since everything was exempt).
Now Stella asked if she should move for a motion under 9019 for approval of
a financing transaction and the answer looks like it's "No, unless title
company wants you to."
In a Chapter 11, any of the above would be met with heavy scrutiny and
would be required for obvious reasons.
My question is if Stella decided to file a 9019 motion, what authority does
she have to do so? I thought 9019 was limited to the Trustee (and trustee
clones).
If the answer is that "this is just how it's done in the Chapter 13 world,"
is there a book that someone can recommend for me to read to catch up on
the development of Chapter 13 practice? I just want to broaden my
theoretical understanding.
Sincerely,
Michael Avanesian
On Sat, May 3, 2014 at 2:16 PM, cdcbaa wrote:
>
>
> depends on what you can get title to approve. i'd try stip first..
>
> d
>
>
> Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503
> 310-328-1001-voice
> [image: cid:part1.03050307.05030101@bklaw.com]
>
> On May 3, 2014, at 11:22 AM, wrote:
>
>
>
> I entered into a stipulation for settlement of adversary proceeding in a
> chapter 13 case which I filed on behalf of debtors. No money is coming to
> the debtors, it is just a subordination agreement to allow them to
> refinance their home. Do I need to file a 9019 motion in the main case and
> serve all the nearly 100 creditors with the motion or is a stipulation in
> the adversary case sufficient.
>
>
> Stella
>
>
>
I apologize ahead of time if theoretical discussions are inappropriate.I noticed that earlier Jay Fleischman was told he didn't have to employ a workers comp attorney, nor obtain approval of the settlement, nor modify the Chapter 13 Plan (understandable since everything was exempt).
Now Stella asked if she should move for a motion under 9019 for approval of a financing transaction and the answer looks like it's "No, unless title company wants you to."
In a Chapter 11, any of the above would be met with heavy scrutiny and would be required for obvious reasons.My question is if Stella decided to file a 9019 motion, what authority does she have to do so? I thought 9019 was limited to the Trustee (and trustee clones).
If the answer is that "this is just how it's done in the Chapter 13 world," is there a book that someone can recommend for me to read to catch up on the development of Chapter 13 practice? I just want to broaden my theoretical understanding.
Sincerely, Michael AvanesianOn Sat, May 3, 2014 at 2:16 PM, cdcbaa <
The post was migrated from Yahoo.
depends on what you can get title to approve. i'd try stip first..
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On May 3, 2014, at 11:22 AM, wrote:
>
> I entered into a stipulation for settlement of adversary proceeding in a chapter 13 case which I filed on behalf of debtors. No money is coming to the debtors, it is just a subordination agreement to allow them to refinance their home. Do I need to file a 9019 motion in the main case and serve all the nearly 100 creditors with the motion or is a stipulation in the adversary case sufficient.
>
>
>
> Stella
>
>
The post was migrated from Yahoo.