.jpg)
correct way to file TILA claim in CH. 13
I'm debtor's counsel in a pending Ch. 13 case. We have special counsel who wants to file and litigate a TILA claim against a mortgage lender. I have some procedural questions:
1. If brought in the BK court, can this attorney just file the documents as "special counsel" without any other court approval or me being involved, or does it have to be under my firm's name since I'm counsel of record?
2. Must said counsel do a fee app at the end of the case do get paid? I assume he does, but he keeps telling me there's case law (which I haven't seen) that says he can get paid outside the estate somehow. This is a 100% case anyway, so anything recovered would be a surplus and go back to the debtor, so it probably is a moot point, but I'm curious.
Thanks...
______________________
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
___________
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 (or in any attachment).
I'm debtor's counsel in a pending Ch. 13
case. We have special counsel who wants to file and litigate a TILA claim
against a mortgage lender. I have some procedural questions:
1. If brought in the BK court, can this
attorney just file the documents as "special counsel" without any other court
approval or me being involved, or does it have to be under my firm's name since
I'm counsel of record?
2. Must said counsel do a fee app at the end
of the case do get paid? I assume he does, but he keeps telling me there's
case law (which I haven't seen) that says he can get paid outside the estate
somehow. This is a 100% case anyway, so anything recovered would be
a surplus and go back to the debtor, so it probably is a moot point, but I'm
curious.
Thanks...
______________________Mark J. MarkusLaw
Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio City, CA91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________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 addresseeonly. 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 (or in any
attachment).
The post was migrated from Yahoo.