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How to fix this?
File the supplemental fee, indicate you have the money in your possession and when paid, and the Court will usually grant the fee application. Just disclose the fees were paid in advance, even if they were paid post-petition.
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Hello listserve members:
I need to confess a boneheaded mistake, and seek the best way to undo it.
In two cases, I accepted a postpetition retainer from a chapter 13 debtor to
file a lien avoidance action. In each case, we now already have the
judgments, and are now realizing that we never applied for fees. (I have no
explanation for why, a few months, I thought it was okay to ask for and
accept a postpetition retainer; all I can say is that I don't see the
justification for it now).
In order to undo this, be clean, and increase my chances of payment
approval, should I:
1. Return the money to the client, file the fee app, and amend the plan to
provide for payment to myself? Or
2. File the fee application with a clear explanation of the wrongful receipt
of the retainer and say that, if the court requires it, I am prepared to
refund/disgorge fees for this action?
While I usually think that asking for forgiveness is better than asking for
permission, here I'm not so sure.
John D. Faucher
Hurlbett & Faucher
5743 Corsa Ave., Suite 208
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
3324 State Street, Suite O
Santa Barbara, CA 93105
(805) 963-9111
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entity to whom it is addressed, and may be legally privileged. If you are
not the intended recipient, please immediately reply to John Faucher (at
818/889-8080 or john@hf-bklaw.com )
indicating that you received this message and then delete the message
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Hello listserve members: I need to confess a boneheaded mistake, and seek the best way to undo it. In two cases, I accepted a postpetition retainer from a chapter 13 debtor to file a lien avoidance action. In each case, we now already have the judgments, and are now realizing that we never applied for fees. (I have no explanation for why, a few months, I thought it was okay to ask for and accept a postpetition retainer; all I can say is that I don't see the justification for it now). In order to undo this, be clean, and increase my chances of payment approval, should I: 1. Return the money to the client, file the fee app, and amend the plan to provide for payment to myself? Or
The post was migrated from Yahoo.