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Payment of fees post-petition in Chapter 7 [1 Attachm=
Those of us that do allow clients to pay over time are just trying to be
accommodating and sensitive to the clients' needs. It is hoped that the client
appreciates that, and will pay even if they do not have the legal duty to do so.
Kenneth Jay Schwartz, Esq.
LAW OFFICE OF KENNETH JAY SCHWARTZ
21031 Ventura Boulevard, Suite 640
Woodland Hills, California 91364-2226
Telephone: (818) 226-1205
Facsimile : (818) 226-1213
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________________________________
To: cdcbaa@yahoogroups.com
Sent: Mon, August 13, 2012 3:00:31 PM
Subject: Re: [cdcbaa] Payment of fees post-petition in Chapter 7 [1 Attachment]
[Attachment(s) from Mark J. Markus included below]
See In re Hessinger, 110 F.3d 685, (9th Cir. 1997) (copy attached).
I think what it comes down to is whether the services being rendered are
prepetition or postpetition. If prepetition, the attorney can put in the
fee agreement that it is due after discharge, but he/she cannot try to
collect on it without violating 524. I suspect the attorneys doing this
are high-volume practitioners who just take the risk and hope they get
paid.
*************************
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/
Certified Bankruptcy Law Specialist--The State Bar of California Board
of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency (see what this
means at
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