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Attorney Compensation Under Chapter 13
Hi: You only need to file a proof of claim if you were not paid for work done prior to this case.
If you filed aRARA with the peititon and your feeswere included in the plan you will automatically receive payment from the Trustee once the plan is confirmed.
Any extra motion work will require a separate fee app.
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Proof of claim is not appropriate procedure. Read Sect. 330, 331 and FRBP
and Local Rules related to those code sections.
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.
Amy Clark
Sent: Monday, December 28, 2009 11:02 AM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Attorney Compensation Under Chapter 13
I have not because I have filed the RARA (Rights and Responsibilities
Agreement) and that was enough.
I am not sure if this is the best way to go about getting paid, now that I
am considering your question, but it has worked for me in the few 13's I
have filed.
I would love to hear more experienced practitioners explain if this is the
best practice or if it is better to turn in the claim form! The court will
send you a notice with claim form after a 13 is filed.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
On Thu, Dec 24, 2009 at 2:26 PM, leventhallaw wrote:
I was wondering if anyone knows if the Debtor;s attorney needs to file a
proof of claim under a chapter 13 plan? If so, How do I add myself as a
creditor?
Thanks
Jonathan Leventhal
PS As a new member to the group i just wanted to comment that this is a
great forum for bankruptcy lawyers.
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Message
Proof of claim is not
appropriate procedure. Read Sect. 330, 331 and FRBP and Local Rules
related to those code sections.
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
You don't file a claim form. You must file a fee application, just like
in a Chapter 11 case, and comply with all applicable local rules and
those of the OUST. This is usually unnecessary if your are limiting
your fees strictly to the RARA amounts (assuming the RARA is duly signed
and filed), but for any supplemental fees or in cases where the RARA is
not used, a fee application is required. (and, I'm not quite sure why,
but apparently employment applications are unnecessary in Chapter
13--perhaps because you are only representing the individuals and not
also the estate, as you would be in a Chapter 11).
*************************
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)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://bklaw.com/bankruptcy-blog/2008/0 ... efinition/)
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On 12/28/2009 11:02 AM, Amy Clark wrote:
>
>
> I have not because I have filed the RARA (Rights and Responsibilities
> Agreement) and that was enough.
>
> I am not sure if this is the best way to go about getting paid, now
> that I am considering your question, but it has worked for me in the
> few 13's I have filed.
>
> I would love to hear more experienced practitioners explain if this is
> the best practice or if it is better to turn in the claim form! The
> court will send you a notice with claim form after a 13 is filed.
>
> -- Amy Clark Kleinpeter
>
> 1489 E. Colorado Blvd. #207
> Pasadena, CA 91106
> (626) 507-8090
>
> "Bankruptcy, Michael, is nature's do-over. It's a fresh start, a
> clean slate."
>
> "Like the witness protection program!"
>
> "Exactly."
>
>
> On Thu, Dec 24, 2009 at 2:26 PM, leventhallaw > wrote:
>
> I was wondering if anyone knows if the Debtor;s attorney needs to
> file a proof of claim under a chapter 13 plan? If so, How do I add
> myself as a creditor?
>
> Thanks
> Jonathan Leventhal
>
> PS As a new member to the group i just wanted to comment that this
> is a great forum for bankruptcy lawyers.
>
>
>
>
>
The post was migrated from Yahoo.
If your anticipated fees for all work connnected with filing and confirmation will fit within the 4K or 4.5K for businesses, then just include your fees in the plan, have your client sign the RARA form and file it with the petition. If it is going to be considerably more, you'll have to file a separate petition for fees. The only time an attorney would file a claim is if they had done pre-petition work and were listed as a creditor.orm, since their fees are administrative costs.
The post was migrated from Yahoo.
I have not because I have filed the RARA (Rights and Responsibilities
Agreement) and that was enough.
I am not sure if this is the best way to go about getting paid, now that I
am considering your question, but it has worked for me in the few 13's I
have filed.
I would love to hear more experienced practitioners explain if this is the
best practice or if it is better to turn in the claim form! The court will
send you a notice with claim form after a 13 is filed.
1489 E. Colorado Blvd. #207
Pasadena, CA 91106
(626) 507-8090
"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean
slate."
"Like the witness protection program!"
"Exactly."
On Thu, Dec 24, 2009 at 2:26 PM, leventhallaw wrote:
>
>
> I was wondering if anyone knows if the Debtor;s attorney needs to file a
> proof of claim under a chapter 13 plan? If so, How do I add myself as a
> creditor?
>
> Thanks
> Jonathan Leventhal
>
> PS As a new member to the group i just wanted to comment that this is a
> great forum for bankruptcy lawyers.
>
>
>
I have not because I have filed the RARA (Rights and Responsibilities Agreement) and that was enough.I am not sure if this is the best way to go about getting paid, now that I am considering your question, but it has worked for me in the few 13's I have filed.
I would love to hear more experienced practitioners explain if this is the best practice or if it is better to turn in the claim form! The court will send you a notice with claim form after a 13 is filed.
91106(626) 507-8090"Bankruptcy, Michael, is nature's do-over. It's a fresh start, a clean slate.""Like the witness protection program!"
"Exactly."
On Thu, Dec 24, 2009 at 2:26 PM, leventhallaw <leventhallaw@yahoo.com> wrote:
I was wondering if anyone knows if the Debtor;s attorney needs to file a proof of claim under a chapter 13 plan? If so, How do I add myself as a creditor?
Thanks
Jonathan Leventhal
PS As a new member to the group i just wanted to comment that this is a great forum for bankruptcy lawyers.
The post was migrated from Yahoo.
I was wondering if anyone knows if the Debtor;s attorney needs to file a proof of claim under a chapter 13 plan? If so, How do I add myself as a creditor?
Thanks
Jonathan Leventhal
PS As a new member to the group i just wanted to comment that this is a great forum for bankruptcy lawyers.
The post was migrated from Yahoo.