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Den of Thieves - Sample Cases Motions to Disgorge
Dear Link:
I had similar case but State Bar recovery fund denied because there was no
finding of fraud on the motion. Unless there is finding of fraud i.e. that
no services were provided the disgorgement order won't be honored by the
Client Security fund. They make a distinction between BAD services vs.
Fraudulent services.
Thanks
Renay
On Mon, Jul 30, 2012 at 11:29 AM, Link W. Schrader wrote:
> **
>
>
> Stella****
>
> ** **
>
> Sample Cases For Motions To Disgorge Attorney Compensation****
>
> 1:11-bk-13877-MT****
>
> 6:10-bk-29886-DS****
>
> ** **
>
> *Link Schrader, Attorney*
>
> Law Office of Link W. Schrader****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Stella Havkin
> *Sent:* Monday, July 30, 2012 10:55 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Re: Den of Thieves****
>
> ** **
>
> ****
>
> Can you please post the case number? I need to do two of them.****
>
> ****
>
> Stella Havkin****
>
> ****
>
> [image: Description: cid:part1.09090707.02070109@yahoo.com]****
>
> *Certified Bankruptcy Law Specialist The State Bar of California Board
> of Legal Specialization
> Certified Consumer Bankruptcy Law Specialist The American Board of
> Certification *****
>
> ****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Link W. Schrader
> *Sent:* Monday, July 30, 2012 10:25 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* RE: [cdcbaa] Re: Den of Thieves****
>
> ****
>
> ****
>
> Ive done two motions to disgorge fees from prior debtors counsel. The
> motions are easy to get granted, but it is not so easy to actually collect
> the fees ordered disgorged. I did, however, have one client tell me that
> his Order Disgorging Fees was used by the State Bar in proceedings to
> suspend the lawyer (who had done the same to many others). My client is
> looking at the State Bar Client Recovery Fund as a source for recovery
> which is probably more likely than any recovery from the attorney.****
>
> ****
>
> *Link Schrader, Attorney*****
>
> Law Office of Link W. Schrader****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Arsen Pogosov
> *Sent:* Monday, July 30, 2012 9:10 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Re: Den of Thieves****
>
> ****
>
> ****
>
> Dennis,****
>
> ****
>
> The name of the lawyer is available if you want it. Trustee raised about
> 15 different objections at the 341(a), none of which were addressed to my
> knowledge. Lawyer nonetheless filed the 2 motions a month after the 341a.
> ****
>
> ****
>
> If what you say about the debt limits and common practice in the Central
> District is indeed true (and I have no reason to doubt that it is), then at
> the least the Attorney should have reached an understanding with the
> Trustee that she would not object on the grounds of the debt limits being
> exceeded.****
>
> ****
>
> Attorney did not reach any such agreement with the Trustee. He just
> quickly filed the motions to earn his fees. Attorney is not a newly-minted
> one, hungry for cases. Hes rich, lives in a mansion, and is motivated
> primarily by greed.****
>
> ****
>
> Arsen****
>
> ****
>
>
>
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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Dear Link:I had similar case but State Bar recovery fund denied because there was no finding of fraud on the motion. Unless there is finding of fraud i.e. that no services were provided the disgorgement order won't be honored by the Client Security fund. They make a distinction between BAD services vs. Fraudulent services.
ThanksRenayOn Mon, Jul 30, 2012 at 11:29 AM, Link W. Schrader <lschrader@schrader-law.com> wrote:
StellaSample Cases For Motions To Disgorge Attorney Compensation
1:11-bk-13877-MT6:10-bk-29886-DS
Link Schrader, AttorneyLaw Office of Link W. Schrader
cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Stella Havkin
Sent: Monday, July 30, 2012 10:55 AMTo: cdcbaa@yahoogroups.comSubject: RE: [cdcbaa] Re: Den of Thieves
e"font-size:11.0pt;color:#1f497d">Can you please post the case number?Stella Havkin
Certified Bankruptcy Law Specialist The State Bar of California Board of Legal SpecializationCertified Consumer Bankruptcy Law Specialist The American Board of Certification
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Link W. Schrader
Sent: Monday, July 30, 2012 10:25 AMTo: cdcbaa@yahoogroups.comSubject: RE: [cdcbaa] Re: Den of Thieves
e"color:#1f497d">Ive done two motions to disgorge fees from prior debtors counsel. The motions are easy to get granted, but it is not so easy to actually collect the fees ordered disgorged. I did, however, have one client tell me that his Order Disgorging Fees was used by the State Bar in proceedings to suspend the lawyer (who had done the same to many others). My client is looking at the State Bar Client Recovery Fund as a source for recovery which is probably more likely than any recovery from the attorney.
Link Schrader, AttorneyLaw Office of Link W. Schrader
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