Attorney Fees, Binding Arb Award, San Bernardino Bar Assoc.

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Hi Michael: Thanks for your comments. The Arbitration Award shows that fraud was suspected but not determined - so that would be one cause of action and the second the arbitrator found that the Attorney was not credible in his denial of possession of the funds - so there is the breach of fiduciary duty. I also researched the bankruptcy case itself for deadlines only to find the case was dismissed on 5/13/14 ) so the saga will continue outside of bankruptcy. )
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
On Friday, May 16, 2014 8:26 AM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" wrote:
I don't think there is any special treatment for arbitration awards in the code with respect to nondischargeability but I am not a Ch 13 practitioner. The answer lies in why the money is not in the trust account. I would treat this like any other person who is trusted with money but uses it for his own purposes.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, May 15, 2014 at 4:53 PM, Catherine Christiansen christiansenlaw@yahoo.com [cdcbaa] wrote:
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>R atty fees nondischargeable?
>
>SB Bar renders binding arb award for attorney to return fees to client.it a priority claim in the 13?
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>
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>Law Office of Catherine Christiansen
>17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
>Tel: (714) 375-6651 Fax: (562) 490-8572
>attorneychristiansen@gmail.com
>
>

The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


I don't think there is any special treatment for arbitration awards in the
code with respect to nondischargeability but I am not a Ch 13 practitioner.
The answer lies in why the money is not in the trust account. I would treat
this like any other person who is trusted with money but uses it for his
own purposes.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, May 15, 2014 at 4:53 PM, Catherine Christiansen
christiansenlaw@yahoo.com [cdcbaa] wrote:
>
>
> R atty fees nondischargeable?
>
> SB Bar renders binding arb award for attorney to return fees to client.
> Atty files Ch 13. Does anything about the Binding Fee Award make it a
> priority claim in the 13?
>
>
>
> Law Office of Catherine Christiansen
> 17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
> Tel: (714) 375-6651 Fax: (562) 490-8572
> attorneychristiansen@gmail.com
>
>
>
I don't think there is any special treatment for arbitration awards in the code with respect to nondischargeability but I am not a Ch 13 practitioner. The answer lies in why the money is not in the trust account. I would treat this like any other person who is trusted with money but uses it for his own purposes.
Sincerely, Michael AvanesianLaw Offices of David A. Tilem
The post was migrated from Yahoo.
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


R atty fees nondischargeable?
SB Bar renders binding arb award for attorney to return fees to client. Atty files Ch 13. Does anything about the Binding Fee Award make it a priority claim in the 13?
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com

The post was migrated from Yahoo.
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