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Collecting Attorney Fees after Conversion from 13 to7
I always file a RARA and Trustee is Nancy Curry.
I had already filed the Fee App and did not get the Order entered before
the case converted.
On Mon, Apr 16, 2012 at 11:46 AM, Steven B. Lever wrote:
> **
>
>
> What about the RARA? Does that only work on confirmation? I could have
> sworn if I filed a RARA and then converted, which has happened on occasion,
> that I got paid. I just looked up a check from Nancy Curry I got in a
> conversion situation. Who is your trustee? Did you file a RARA?****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Mark T. Jessee
> *Sent:* Monday, April 16, 2012 11:27 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Collecting Attorney Fees after Conversion from 13
> to7****
>
> ** **
>
> There is no bankruptcy attorney exception to the automatic stay or the
> discharge injunction for your preconversion fees. You cannot even ask them
> to pay you for your Chapter 13 fees. You may have a quatum meruit argument
> about being entitled to compensation for postconversion services.****
>
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
> NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT
> OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY
> LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION,
> DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE
> NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS
> MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION. ****
>
>
>
>
> On Mon, 16 Apr 2012 10:28:27 -0700, Christine Wilton attorneychristine@gmail.com> wrote:****
>
> ****
>
> Dear Colleagues,
>
> I have a situation where I had to convert my client's case from Chapter 13
> to Chapter 7 before my fee application Order was entered in the docket.
>
> The trustee, immediately refunded the monies on hand, directly to the
> clients. I know that as of now, that check has not cleared the trustee's
> account.
>
> The unfortunate part of this story is that my clients are now estranged
> spouses, restraining orders and all. The Chapter 7 discharge order has not
> come through yet, though they are well beyond their 341(a) in the chapter 7
> case.
>
> Question: Is there a procedure for me to collect my fees from the Chapter
> 13 trustee after conversion? Or, as I suspect now, I must go directly to
> my clients and somehow miraculously obtain their cooperation and get paid?
>
> I heard the lecture in law school about "getting paid" being the hardest
> part of being a lawyer.
>
> War stories are always welcome here too....this may be a great blog
> article.
>
> Thank you,
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
>
> *Office:*
> 5150 Candlewood Street, Suite 17F
> Lakewood, CA 90712
>
> *Mailing:*
> 4067 Hardwick Street, Suite 335
> Lakewood, CA 90712
>
> Office: 877-631-2220
> Cell: 562-824-7563
> Fax: 1-636-212-7078
> Email: attorneychristine@gmail.com
> Web: www.attorneychristine.com
> Blog: www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
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> PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by return e-mail and destroy all copies of the original message.
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Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Office:*
5150 Candlewood Street, Suite 17F
Lakewood, CA 90712
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
I always file a RARA and Trustee is Nancy Curry.I had already filed the Fee App and did not get the Order entered before the case converted.On Mon, Apr 16, 2012 at 11:46 AM, Steven B. Lever <sblever@leverlaw.com> wrote:
What about the RARA? Does that only work on confirmation? I could have sworn if I filed a RARA and then converted, which has happened on occasion, that I got paid. I just looked up a check from Nancy Curry I got in a conversion situation. Who is your trustee? Did you file a RARA?
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Mark T. Jessee
Sent: Monday, April 16, 2012 11:27 AMTo: cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] Collecting Attorney Fees after Conversion from 13 to7
There is no bankruptcy attorney exception to the automatic stay or the discharge injunction for your preconversion fees. You cannot even ask them to pay you for your Chapter 13 fees. You may have a quatum meruit argument about being entitled to compensation forpostconversion services.
Mark T. JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W. Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805) 497-5864 (Facsimile)NOTICE TO RECIPIENT: THIS E-MAIL IS MEANT FOR ONLY THE INTENDED RECIPIENT OF THE TRANSMISSION, AND THIS COMMUNICATION IS INTENDED TO BE PRIVILEGED BY LAW. IF YOU RECEIVED THIS E-MAIL IN ERROR, ANY REVIEW, USE, DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS E-MAIL IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN E-MAIL AND PLEASE DELETE THIS MESSAGE FROM YOUR SYSTEM. THANK YOU IN ADVANCE FOR YOUR COOPERATION.
On Mon, 16 Apr 2012 10:28:27 -0700, Christine Wilton <attorneychristine@gmail.com> wrote:
Dear Colleagues,I have a situation where I had to convert my client's case from Chapter 13 to Chapter 7 before my fee application Order was entered in the docket.
The trustee, immediately refunded the monies on hand, directly to the clients. I know that as of now, that check has not cleared the trustee's account. The unfortunate part of this story is that my clients are now estranged spouses, restraining orders and all. The Chapter 7 discharge order has not come through yet, though they are well beyond their 341(a) in the chapter 7 case.
Question: Is there a procedure for me to collect my fees from the Chapter 13 trustee after conversion? Or, as I suspect now, I must go directly to my clients and somehow miraculously obtain their cooperation and get paid?
I heard the lecture in law school about "getting paid" being the hardest part of being a lawyer.War stories are always welcome here too....this may be a great blog article.Thank you,
-- Christine A. Wilton, Esq.Law Office of Christine A. WiltonOffice:5150 Candlewood Street, Suite 17FLakewood, CA 90712Mailing:4067 Hardwick Street, Suite 335Lakewood, CA 90712
Office: 562-824-7563Fax: 1-636-212-7078
Email: attorneychristine@gmail.comWeb: www.attorneychristine.comBlog: www.losangelesbankruptcylawmonitor.com
***************************Confidentiality and Privilege. This e-mail message, including attachments, is intended solely for review by the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by anyone other than the intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this communication. If you are not the intended recipient, please contact the sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained in this email message, including attachments, is not intended to and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. (The foregoing legend has been affixed pursuant to U.S. Treasury Regulations governing tax practice.)
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-- Christine A. Wilton, Esq.Law Office of Christine A. WiltonOffice:5150 Candlewood Street, Suite 17FLakewood, CA 90712Mailing:
4067 Hardwick Street, Suite 335Lakewood, CA 90712Office: 877-631-2220Cell: 562-824-7563Fax: 1-636-212-7078Email:
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