Page 2 of 2

Payment of fees post-petition in Chapter 7

Posted: Mon Aug 13, 2012 3:43 pm
by Yahoo Bot

Not allowed. I accomodated a client once and got a friendly call from the
U.S.T. instructing me to amend the petition to show that my fees had been
discharged, which I did. The client ultimately paid me, any way, and sent
me a nice "Thank You" note, but, of course, he unilaterally cut my bill a
couple of hundred dollars. I'm very careful now.
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
Not allowed. I accomodated a client once and got a friendly call from the U.S.T. instructing meto amend the petition to show that my fees had been discharged, which I did. The client ultimately paid me, any way,and sent me a nice "Thank You" note, but, of course, he unilaterally cut my bill a couple of hundred dollars. I'm very careful now.
-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.com
website: www.gobklaw.com

The post was migrated from Yahoo.

Payment of fees post-petition in Chapter 7

Posted: Mon Aug 13, 2012 3:15 pm
by Yahoo Bot

Sometimes if we feel bad for the client we will risk (stress on the word risk) getting paid a balance later. However we cannot attempt to collect, one hopes the client will have a conscience, many do, occasionally have gotten screwed. Bottom line is getting paid for the basic service post-petition is a risk.
Charles Shamash, Esq.
Caceres & Shamash, LLP
8200 Wilshire Boulevard, Suite 400
Beverly Hills, CA 90211
Tel: (310) 205-3400
Cell: (310) 560-4000
Fax: (310) 878-8308
E-mail: cs@locs.com
P Please don't print this e-mail unless it is necessary.

The post was migrated from Yahoo.

Payment of fees post-petition in Chapter 7

Posted: Mon Aug 13, 2012 3:02 pm
by Yahoo Bot

Great news Larry!
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
THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND
CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY
BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN
AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY
NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED.
IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY.
THANK YOU.
________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Mon, August 13, 2012 3:01:23 PM
Subject: RE: [cdcbaa] Payment of fees post-petition in Chapter 7
I will advise the debtors at the 341 hearings (where I am trustee) that theoutstanding fees are dischargeable as their attorney is now one of their
creditors
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay
Fleischman
Sent: Monday, August 13, 2012 2:53 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Payment of fees post-petition in Chapter 7
I've been going through various court filings over the past few weeks in aneffort to familiarize myself with how things are run in these parts. I've come
across something troubling to my outsider's eyes and was wondering if it's the
way things go as a practical matter.
In a no-asset Chapter 7 case filed in Los Angeles for a renter, an attorneycharged $x in total. Of that sum, only a portion was paid pre-petition and the
balance is stated to be due post-petition.
According to the lawyer's website, he's certified as a specialist by the State
Bar Of California and the American Bankruptcy Board Of Certification.
Is this permissible in the Los Angeles court? In any court in CDCA? I'm not
looking to rock the boat, but this seems odd.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
http://www.ConsumerHelpCentral.com
NACBA Co-Chair, New York
Founder and Past President, Bankruptcy Law Network
NEW YORK OFFICE
350 Fifth Ave Ste 7210
New York NY 10118
T: 646.827.0758
COMING SOON TO THE LOS ANGELES AREA
Email isn't secure, so it's not confidential. By communicating with me byemail, you understand that it's not confidential.
Great news Larry! Kenneth Jay Schwartz, Esq.LAW OFFICE OF KENNETH JAY SCHWARTZ21031 Ventura Boulevard, Suite 640Woodland Hills, California 91364-2226Telephone: (818) 226-1205Facsimile : (818) 226-1213THE INFORMATION CONTAINED IN THIS E-MAIL IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT(S) NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION, AND, AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE DESIGNATED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS E-MAIL IN ERROR, AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY
PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY. THANK YOU.From: Larry Simons <larry@lsimonslaw.com>To: "cdcbaa@yahoogroups.com" <cdcbaa@yahoogroups.com>Sent: Mon, August 13, 2012 3:01:23 PMSubject: RE: [cdcbaa] Payment of fees post-petition in Chapter 7

I will advise the debtors at the 341 hearings (where I am trustee) that the outstanding fees are dischargeable as their attorney is now one of their creditors

From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
On Behalf Of Jay Fleischman
Sent: Monday, August 13, 2012 2:53 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Payment of fees post-petition in Chapter 7


I've been going through various court filings over the past few weeks in an effort to familiarize myself with how things are run in these parts. I've come across something troubling to my outsider's eyes and was wondering if it's the way things go as a
practical matter.
In a no-asset Chapter 7 case filed in Los Angeles for a renter, an attorney charged $x in total. Of that sum, only a portion was paid pre-petition and the balance is stated to be due post-petition.
According to the lawyer's website, he's certified as a specialist by the State Bar Of California and the American Bankruptcy Board Of Certification.

Is this permissible in the Los Angeles court? In any court in CDCA? I'm not looking to rock the boat, but this seems odd.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
http://www.ConsumerHelpCentral.com
NACBA Co-Chair, New York
Founder and Past President, Bankruptcy Law Network
NEW YORK OFFICE
350 Fifth Ave Ste 7210
New York NY 10118
T: 646.827.0758
COMING SOON TO THE LOS ANGELES AREA
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.

The post was migrated from Yahoo.

Payment of fees post-petition in Chapter 7

Posted: Mon Aug 13, 2012 3:01 pm
by Yahoo Bot

I will advise the debtors at the 341 hearings (where I am trustee) that the outstanding fees are dischargeable as their attorney is now one of their creditors

The post was migrated from Yahoo.

Payment of fees post-petition in Chapter 7

Posted: Mon Aug 13, 2012 3:00 pm
by Yahoo Bot

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

The post was migrated from Yahoo.

Payment of fees post-petition in Chapter 7

Posted: Mon Aug 13, 2012 2:53 pm
by Yahoo Bot

I've been going through various court filings over the past few weeks in an
effort to familiarize myself with how things are run in these parts. I've
come across something troubling to my outsider's eyes and was wondering if
it's the way things go as a practical matter.
In a no-asset Chapter 7 case filed in Los Angeles for a renter, an attorney
charged $x in total. Of that sum, only a portion was paid pre-petition and
the balance is stated to be due post-petition.
According to the lawyer's website, he's certified as a specialist by the
State Bar Of California and the American Bankruptcy Board Of Certification.
Is this permissible in the Los Angeles court? In any court in CDCA? I'm
not looking to rock the boat, but this seems odd.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
http://www.ConsumerHelpCentral.com
NACBA Co-Chair, New York
Founder and Past President, Bankruptcy Law Network
NEW YORK OFFICE
350 Fifth Ave Ste 7210
New York NY 10118
T: 646.827.0758
COMING SOON TO THE LOS ANGELES AREA
Email isn't secure, so it's not confidential. By communicating with me by
email, you understand that it's not confidential.
I've been going through various court filings over the past few weeks in an effort to familiarize myself with how things are run in these parts. as wondering if it's the way things go as a practical matter.
In a no-asset Chapter 7 case filed in Los Angeles for a renter, an attorney charged $x in total. Of that sum, only a portion was paid pre-petition and the balance is stated to be due post-petition.According to
The post was migrated from Yahoo.