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[cdcbaa]=20
Without meaning to be disrespectful, it depends on your sense of ethics. Please review 328, 329 and the related rules. We all struggle with the
problem of getting paid versus getting paid in the correct way. There are
many who would just take the money and not bother to comply with the Rules.
There are others who follow the Rules and don't always get paid what they
should.
As for a deadline, it is a practical matter. If you file your fee
application too late, there will not be enough time in the plan to pay the
fees.
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.
Alik Segal
Sent: Sunday, October 10, 2010 8:05 PM
To: BK@nacba.org; bootcamp-attorneys@googlegroups.com; cdcbaa
Subject: [cdcbaa]
I was hired by a c13 debtor to defend a motion for relief from stay.
I was paid a retainer and agreed to an hourly fee. Now that I won and
the MFRS was denied my bill exceeds the retainer. I understand that
to get paid from the debtor through the plan I need to file a fee
application and then a motion to modify the plan. Debtor's son wants
to pay me outside of the plan over the course of several months. This
arrangement benefits the debtor because it saves trustee's fee. This
arrangement also benefits me, because according to the agreement, I
will get paid faster outside of the plan then I could through the
plan.
But if I delay filing the fee application now, will I lose the right
to do it later? What is the deadline for filing a fee applications?
Is there a code section or a rule that governs this issue?
Are there other issues here I am not seeing?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
Cal. CD, Los Angeles
Message
Without meaning to be
disrespectful, it depends on your sense of ethics.
Please review 328, 329 and
the related rules. We all struggle with the problem of getting paid versus
getting paid in the correct way. There are many who would just take the
money and not bother to comply with the Rules. There are others who follow
the Rules and don't always get paid what they should.
As for a deadline,it is a practical matter. If you file your fee application too late,
there will not be enough time in the plan to pay the fees.
David A.
Tilem
Certified Bankruptcy
Specialist*
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