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colleague's questions
Linda,
I dont see how the debtors attorney can recover administrative expenses on these facts. Reading between the lines it appears a chapter 7 debtor hired an attorney new to the case who agreed to work for fees under a chapter 13 RARA. But no Ch13, no fees. This is a post-petition retainer/contract, so the debtor is responsible no discharge. It also appears the debtor is not volunteering payment.
Perhaps a Lawsuit for fees in state court?
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
P 805.987.1400
C 805.750.2150
The post was migrated from Yahoo.
Not unless employed by the chapter 7 trustee (estate). See Lamie v. UST (attached)
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Tuesday, June 25, 2019, 11:43:03 AM PDT, Linda Muchamel lindamuchamel@yahoo.com [cdcbaa] wrote:
Someone asked me to post this, looking for some input:
Can Chapter 7 Debtor's Attorney collect administrative expense?
Facts: Attorney was hired by Chapter 7 debtor to convert case to Chapter 13. Chapter 7 Trustee opposed motion, but then a compromise was reached under which Debtor stayed in Chapter 7 and kept their residence and paid the Chapter 7 Trustee a certain amount. Debtor then lost job and wasn't able to keep up payments, so house is going to be liquidated by Chapter 7 Trustee.
Question: Can Debtor's attorney recover administrative expenses from sale of home?
Thanks,
Linda Muchamel
Law Offices of Linda H. Muchamel
18001 Ventura Blvd. Suite CEncino, CA 91316
ph:(747) 333-6017fax: (818) 235-0161
The post was migrated from Yahoo.
Someone asked me to post this, looking for some input:
Can Chapter 7 Debtor's Attorney collect administrative expense?
Facts: Attorney was hired by Chapter 7 debtor to convert case to Chapter 13. Chapter 7 Trustee opposed motion, but then a compromise was reached under which Debtor stayed in Chapter 7 and kept their residence and paid the Chapter 7 Trustee a certain amount. Debtor then lost job and wasn't able to keep up payments, so house is going to be liquidated by Chapter 7 Trustee.
Question: Can Debtor's attorney recover administrative expenses from sale of home?
Thanks,
Linda Muchamel
Law Offices of Linda H. Muchamel
18001 Ventura Blvd. Suite CEncino, CA 91316
ph:(747) 333-6017fax: (818) 235-0161
The post was migrated from Yahoo.