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Fee App requirement in CH. 13
It's also a good hedge against a subseq legal mal claim. Legal mal is prob
waived if not raised in opposition to fee application - collateral estoppel.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
James T. King
Sent: Friday, May 22, 2009 8:23 AM
To: cdcbaa@yahoogroups.com
Subject: RE: [cdcbaa] Fee App requirement in CH. 13
yep
The post was migrated from Yahoo.
I think you're right. I remember one Trustee---I think it was Rojas or her
predecessor, that required a fee app even if all fees were paid up front.
The RARA allows the court to approve the fees along with the plan
confirmation order.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
The post was migrated from Yahoo.
This was the actual requirementduring the Elise Davis days. We filed a fee app, or Elsie would move to disgorge. She would never pay anyone without a fee app approved.
The 13 guyscan correct me if Iam wrong, but the RARA is supposed to make a fee app unnecessary. If aRARA is on file the 13 trustee is authorized to distributethe fee to the attorney.
So, if you arepaid up front and you do not file a RARA, you need to do a fee app to keep someone (i.e. your client) fromlater attacking your fee.
dennis
This was the actual requirement during the Elise Davis days. We filed a fee app, or Elsie would move to disgorge. She would never pay anyone without a fee app approved.
The 13 guys can correct me if I am wrong, but the RARA is supposed to make a fee app unnecessary. If a RARA is on file the 13 trustee is authorized to distribute the fee to the attorney.
So, if you are paid up front and you do not file a RARA, you need to do a fee app to keep someone (i.e. your client) from later attacking your fee.
dennis---
The post was migrated from Yahoo.
There absolutely is a need to do a RARA -- even if you are completely paid all of your atty fees up front.
Keith Alan Higginbotham
Pedro Mayser, Office Manager
The Law Offices of Keith Alan Higginbotham
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
213.620.0176
213.613.1200 (Facsimile)
HigginbothamLaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Tue, 19 May 2009 3:07 pm
Subject: [cdcbaa] Fee App requirement in CH. 13
If debtors counsel is paid all fees pre-petition, and no RARA is filed, is there a need/requirement to do a fee application in a Chapter 13 case?
I know there is in Chapter 11, and I dont see any difference for Ch.13, but Ive seen cases now where debtors counsel has done the case getting paid up front, and no fee app is ever done, without objection.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
The post was migrated from Yahoo.
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If debtor's counsel is paid all fees pre-petition, and no RARA is filed, is
there a need/requirement to do a fee application in a Chapter 13 case?
I know there is in Chapter 11, and I don't see any difference for Ch.13, but
I've seen cases now where debtor's counsel has done the case getting paid up
front, and no fee app is ever done, without objection.
*************************
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
Toll Free: 1-866-576-6275
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at
The post was migrated from Yahoo.