.jpg)
attys fees on MRS
I've now seen some firms asking for fees under the attorney fees provisions of their loan documents. Judge Thompson denied the requests.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, February 27, 2009 4:01:05 PM
Subject: [cdcbaa] attys fees on MRS
I just got a standard MRS in a Ch. 7 case on real property that my debtor client is surrendering. In the motion, the attorney (Alvarado & Assoc) asks for fees and costs in the amount of $547 for preparing the motion.r awarding fees and costs on such a motion? Isnt this a dischargeable debt, or is this considered a post petition new debtwhich the debtor could be responsible for post discharge?
Thanks,
Mark
************ ********* ****
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 http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
____________ _________ _________ _________ _________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
I've now seen some firms asking for fees under the attorney fees provisions of their loan documents. Judge Thompson denied the requests.
From: Mark J. Markus <bklawr@yahoo.com>To: cdcbaa@yahoogroups.comSent: Friday, February 27, 2009 4:01:05 PMSubject: [cdcbaa] attys fees on MRS
I just got a standard MRS in a Ch. 7 case on real property that my debtor client is surrendering. In the motion, the attorney (Alvarado & Assoc) asks for fees and costs in the amount of $547 for preparing the motion. Is and costs on such a motion? Isnt this a dischargeable debt, or is this considered a post petition new debt which the debtor could be responsible for post discharge?
Thanks,
Mark
************ ********* ****
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 http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
____________ _________ _________ _________ _________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.
I think that it is just an amount that gets added on to the loan balance, and not an actual amount your client will have to pay.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, 12th Floor
Woodland Hills, California 91364-2203
Telephone: (818) 226-1205
Facsimile: (818) 226-1213
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.
________________________________
To: cdcbaa@yahoogroups.com
Sent: Friday, February 27, 2009 4:01:05 PM
Subject: [cdcbaa] attys fees on MRS
I just got a standard MRS in a Ch. 7 case on real property
that my debtor client is surrendering. In the motion, the attorney (Alvarado & Assoc) asks for fees and costs in
the amount of $547 for preparing the motion. Ive never seen this
before. Is there some basis for awarding fees and costs on such a
motion? Isnt this a dischargeable debt, or is this considered a post
petition new debtwhich the debtor could be
responsible for post discharge?
Thanks,
Mark
************ ********* ****
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
http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
____________ _________ _________ _________ _________
NOTICE: This Electronic Message contains information from the
law office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the addressee,
note that any disclosure, copy, distribution or use of the contents of this
message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with
requirements imposed by the IRS, we inform you that any U.S. tax advice
contained in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed in this
communication.
I think that it is just an amount that gets added on to the loan balance, and not an actual amount your client will have to pay.Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, 12th FloorWoodland Hills, California 91364-2203Telephone: (818) 226-1205Facsimile: (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL
IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: Mark J. Markus <bklawr@yahoo.com>To: cdcbaa@yahoogroups.comSent: Friday, February 27, 2009 4:01:05 PMSubject: [cdcbaa] attys fees on MRS
I just got a standard MRS in a Ch. 7 case on real property
that my debtor client is surrendering. In the motion, the attorney (Alvarado & Assoc) asks for fees and costs in
the amount of $547 for preparing the motion. Ive never seen this
before. Is there some basis for awarding fees and costs on such a
motion? Isnt this a dischargeable debt, or is this considered a post
petition new debt which the debtor could be
responsible for post discharge?
Thanks,
Mark
************ ********* ****
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
http://bklaw. com/bankruptcy- blog/2008/ 09/debt-relief- agencies- definition/)
____________ _________ _________ _________ _________
NOTICE: This Electronic Message contains information from the
law office of Mark J. Markus that may be privileged. The information is
intended for the use of the addressee only. If you are not the addressee,
note that any disclosure, copy, distribution or use of the contents of this
message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with
requirements imposed by the IRS, we inform you that any U.S. tax advice
contained in this communication (or in any attachment) is not intended or
written to be used, and cannot be used, for the purpose of (i) avoiding
penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed in this
communication.
The post was migrated from Yahoo.
I just got a standard MRS in a Ch. 7 case on real property that my debtor
client is surrendering. In the motion, the attorney (Alvarado & Assoc) asks
for fees and costs in the amount of $547 for preparing the motion. I've
never seen this before. Is there some basis for awarding fees and costs on
such a motion? Isn't this a dischargeable debt, or is this considered a
post petition new debt which the debtor could be responsible for post
discharge?
Thanks,
Mark
*************************
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.