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Chapter 13 conversion to Chapter 7
Tuan,
It is very important to file a fee application, if you are owed fees, in a
conversion from 13 to 7 scenario because if the CH 13 Trustee is holding
money, you will get it. Follow the local rules procedures under (q).
Sincerely,
*Michael Avanesian *
*[image: avanesian-law-logo-modern]*
801 N. Brand Blvd., Suite #1130
Glendale, CA 91203
Tel: (818) 276-2477 | (818) 208-4550
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On Fri, Oct 14, 2016 at 4:39 PM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Dear List,
>
> We had a few good MCLE's regarding Chap 13's lately. I remember that it
> was discussed that if a case is dismissed that a fee application must be
> filed. What happens though if the debtor is going to convert the case to
> Chap 7? Does a fee app need to be filed in that instance?
>
> Also, are any additional fees allowed to be charged to the debtor since an
> additional appearance will need to be made before the Chap 7 trustee for
> the new 341?
>
> Thanks,
> Tuan Le
>
>
>
>
Tuan,It is very important to file a fee application, if you are owed fees, in a conversion from 13 to 7 scenario because if the CH 13 Trustee is holding money, you will get it. Follow the local rules procedures under (q).
The post was migrated from Yahoo.
Reply-To: Craig J Beauchamp
X-Original-Return-Path: Craig J Beauchamp
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Tuan
I am in the midst of converting at 13 to a 7. They have to pay the
difference between the 2 fees. You have to do a motion to convert unless
there is a dismissal pending. There are certain schedules and declarations
that must be up dated as well as the ch 7 means test. So there is some
work and of course a 341 hearing. So yes, you charge your client. I do
not charge the amount for a full ch 7 as there are fewer forms and work to
do, but I charge about about 1/2 to 2/3s of my regular Ch 7 fee (depending
on how much actual work is involved) - that is entirely up to you taking
into consideration your client's financial situation.. Debtors pay you
directly.
Good luck.
Craig
Craig J. Beauchamp, Esq.
Of Counsel
Law Offices of Victor W. Luke, APLC
(714) 835-5091
(714) 835-5763
Craig J. Beauchamp, Esq.
Attorney at Law
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709
(714) 835-5763 fax
Legallycraig@gmail.com
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for *Ex
Parte* Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
IMPORTANT NOTICE required by 11 U.S.C. 528: We are a debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
On Fri, Oct 14, 2016 at 4:39 PM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Dear List,
>
> We had a few good MCLE's regarding Chap 13's lately. I remember that it
> was discussed that if a case is dismissed that a fee application must be
> filed. What happens though if the debtor is going to convert the case to
> Chap 7? Does a fee app need to be filed in that instance?
>
> Also, are any additional fees allowed to be charged to the debtor since an
> additional appearance will need to be made before the Chap 7 trustee for
> the new 341?
>
> Thanks,
> Tuan Le
>
>
>
>
TuanI am in the midst of converting at 13 to a 7. They have to pay the difference between the 2 fees. You have to do a motion to convert unless there is a dismissal pending.ell as the ch 7 means test. So there is some work and of course a 341 hearing. So yes, you charge your client. I do not charge the amount for a full ch 7 as there are fewer forms and work to do, but I charge about about 1/2 to 2/3s of my regular Ch 7 fee (depending on how much actual work is involved) - that is entirely up to you taking into consideration your client's financial situation.. Debtors pay you directly.Good luck.CraigCraig J. Beauchamp, Esq.Of CounselLaw Offices of Victor W. Luke, APLC(714) 835-5091(714) 835-5763
The post was migrated from Yahoo.
X-Original-Return-Path: Craig J Beauchamp
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Tuan
I am in the midst of converting at 13 to a 7. They have to pay the
difference between the 2 fees. You have to do a motion to convert unless
there is a dismissal pending. There are certain schedules and declarations
that must be up dated as well as the ch 7 means test. So there is some
work and of course a 341 hearing. So yes, you charge your client. I do
not charge the amount for a full ch 7 as there are fewer forms and work to
do, but I charge about about 1/2 to 2/3s of my regular Ch 7 fee (depending
on how much actual work is involved) - that is entirely up to you taking
into consideration your client's financial situation.. Debtors pay you
directly.
Good luck.
Craig
Craig J. Beauchamp, Esq.
Of Counsel
Law Offices of Victor W. Luke, APLC
(714) 835-5091
(714) 835-5763
Craig J. Beauchamp, Esq.
Attorney at Law
PO Box 25857
Santa Ana, CA 92799
(949) 689-9709
(714) 835-5763 fax
Legallycraig@gmail.com
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept notice for *Ex
Parte* Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
IMPORTANT NOTICE required by 11 U.S.C. 528: We are a debt relief agency.
We help people file for bankruptcy relief under the Bankruptcy Code.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and
delete this e-mail from your system.
On Fri, Oct 14, 2016 at 4:39 PM, tuanl@stevelopezlaw.com [cdcbaa] wrote:
>
>
> Dear List,
>
> We had a few good MCLE's regarding Chap 13's lately. I remember that it
> was discussed that if a case is dismissed that a fee application must be
> filed. What happens though if the debtor is going to convert the case to
> Chap 7? Does a fee app need to be filed in that instance?
>
> Also, are any additional fees allowed to be charged to the debtor since an
> additional appearance will need to be made before the Chap 7 trustee for
> the new 341?
>
> Thanks,
> Tuan Le
>
>
>
>
TuanI am in the midst of converting at 13 to a 7. They have to pay the difference between the 2 fees. You have to do a motion to convert unless there is a dismissal pending.ell as the ch 7 means test. So there is some work and of course a 341 hearing. So yes, you charge your client. I do not charge the amount for a full ch 7 as there are fewer forms and work to do, but I charge about about 1/2 to 2/3s of my regular Ch 7 fee (depending on how much actual work is involved) - that is entirely up to you taking into consideration your client's financial situation.. Debtors pay you directly.Good luck.CraigCraig J. Beauchamp, Esq.Of CounselLaw Offices of Victor W. Luke, APLC(714) 835-5091(714) 835-5763
The post was migrated from Yahoo.
Ran into this issue a few weeks ago. I ended up filing a new B22A
because the case wasn't really the best one to take up to BAP.
However, have a look at 370 B.R. 639 from Judge Burns in New Jersey. I
think the case is very well reasoned and it finds that the Trustee
cannot demand a B22A on a conversion from 7 to 13.
>
> I've totally forgotten two points of the procedure for converting from
> Ch13 to Ch7:
>
>
>
> 1) Is it necessary to file a means test again with the B22A form?
>
> 2) If so is it OK to leave the mortgage payments if the Debtors
> plan to abandon their residence?
>
>
>
> (if so, there's no presumption of abuse).
>
>
>
> Gerald McNally
>
> McNally & Associates, P.C.
>
> 206 N. Jackson St. #100
>
> Glendale, CA 91206
>
> 818.507.5100
>
The post was migrated from Yahoo.
I've totally forgotten two points of the procedure for converting from
Ch13 to Ch7:
1) Is it necessary to file a means test again with the B22A form?
2) If so is it OK to leave the mortgage payments if the Debtors
plan to abandon their residence?
(if so, there's no presumption of abuse).
Gerald McNally
McNally & Associates, P.C.
206 N. Jackson St. #100
Glendale, CA 91206
818.507.5100
I’ve totally forgotten two points of the procedure for
converting from Ch13 to Ch7:
1)
Is it necessary to file a means test again with the B22A
form?
2)
If so is it OK to leave the mortgage payments if the
Debtors plan to abandon their residence?
(if so, there’s no presumption of abuse).
Gerald McNally
McNally & Associates, P.C.
206 N. Jackson St. #100
Glendale, CA 91206
818.507.5100
The post was migrated from Yahoo.