Central District Consumer Bankruptcy Attorney's Association

I usually use the RARA, but recently had two cases that I took over from another attorney where the plans had already been confirmed. Because the RARA applies mostly to pre-confirmation obligations it did not appear applicable. It certainly was not a straightforward description of the new attorney-client relationship formed, nor our fee agreement. So I filed a fee application as I would do in a chapter 11 case.
The chapter 13 trustee in the first case did not seem to know how to handle it. Because part of the agreement was for a flat-fee ($500 as permitted under section 328 to handle all post-confirmation duties that would otherwise be required in a RARA agreement), the trustee wanted a RARA or more details on what my flat-fee included. Then the court wanted trustee comments. When the order approving my fee application that was filed in November was finally entered in late February, I had had to file a RARA anyway to satisfy the concerns of the trustee.
Then the trustee lost the entered order on my fees, notwithstanding 4 phone calls inquiring as to when distributions would begin on a plan that was confirmed in late January, and in late March paid all but one penny to creditors.
I learned a lesson for my next similar case. I filed a RARA that I modified and then filed a supplemental fee application. I still haven't got paid, but it looks to be proceeding much more smoothly and nobody has complained that the RARA was not applicable.
Link Schrader, Attorney
Law Office of Link W. Schrader

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Thanks Christine. I usually use the RARA, but have an unusual case that
requires a fee app. After looking into it, I'm essentially mimicking my
chapter 11 fee app procedures, with some modification.
Best,
On Thu, Mar 29, 2012 at 9:33 AM, Christine Wilton wrote:
> **
>
>
> Kirk,
>
> You will likely find that very few practitioners will forego the RARA and
> note their detailed time and costs instead. I only know of one such
> practitioner down in Orange County who operates this way and she used to
> work at Mr. Cohen's office. I don't remember her name, or I would include
> it for you here.
>
> Also look at Section 330 as your fees MUST be reasonable. John
> Greifendorff in Garden Grove may know this attorney as he was the panel
> moderator at an MCLE where she was a speaker in Orange County.
>
> All the best, Christine
>
>
>
> On Tue, Mar 27, 2012 at 6:54 PM, Kirk Brennan wrote:
>
>> **
>>
>>
>> If an attorney chooses to file a fee application in a chapter 13 case
>> instead of using the RARA flat fee arrangement, does LBR 2016-1 apply?
>> If any of you have done one before, are you willing to chat about it?
>>
>> Thanks,
>>
>> --
>> Kirk Brennan, esq.
>> California Law Office, P.C.
>> www.calibankruptcysite.com
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>
>
> --
> 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
> ***************************
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> 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.)
>
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
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letters containing the signature of a director.
Thanks Christine. I usually use the RARA, but have an unusual case that requires a fee app. After looking into it, I'm essentially mimicking my chapter 11 fee app procedures, with some modification.Best,
On Thu, Mar 29, 2012 at 9:33 AM, Christine Wilton <attorneychristine@gmail.com> wrote:
The post was migrated from Yahoo.

Kirk,
You will likely find that very few practitioners will forego the RARA and
note their detailed time and costs instead. I only know of one such
practitioner down in Orange County who operates this way and she used to
work at Mr. Cohen's office. I don't remember her name, or I would include
it for you here.
Also look at Section 330 as your fees MUST be reasonable. John
Greifendorff in Garden Grove may know this attorney as he was the panel
moderator at an MCLE where she was a speaker in Orange County.
All the best, Christine
On Tue, Mar 27, 2012 at 6:54 PM, Kirk Brennan wrote:
> **
>
>
> If an attorney chooses to file a fee application in a chapter 13 case
> instead of using the RARA flat fee arrangement, does LBR 2016-1 apply?
> If any of you have done one before, are you willing to chat about it?
>
> Thanks,
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
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.)
Kirk,You will likely find that very few practitioners will forego the RARA and note their detailed time and costs instead. I only know of one such practitioner down in Orange County who operates this way and she us
The post was migrated from Yahoo.

It looks like LBR 2016-1 does apply per LBR 3015-1. If anyone has done one
of these and is willing to chat please let me know.
On Tue, Mar 27, 2012 at 6:54 PM, Kirk Brennan wrote:
> If an attorney chooses to file a fee application in a chapter 13 case
> instead of using the RARA flat fee arrangement, does LBR 2016-1 apply?
> If any of you have done one before, are you willing to chat about it?
>
> Thanks,
>
> --
> Kirk Brennan, esq.
> California Law Office, P.C.
> www.calibankruptcysite.com
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
It looks like LBR 2016-1 does apply per LBR 3015-1. If anyone has done one of these and is willing to chat please let me know.On Tue, Mar 27, 2012 at 6:54 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
If an attorney chooses to file a fee application in a chapter 13 case instead of using the RARA flat fee arrangement, does LBR 2016-1 apply?
If any of you have done one before, are you willing to chat about it?Thanks,
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

The post was migrated from Yahoo.

If an attorney chooses to file a fee application in a chapter 13 case
instead of using the RARA flat fee arrangement, does LBR 2016-1 apply?
If any of you have done one before, are you willing to chat about it?
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
If an attorney chooses to file a fee application in a chapter 13 case instead of using the RARA flat fee arrangement, does LBR 2016-1 apply?If any of you have done one before, are you willing to chat about it?Thanks,
-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.comCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

The post was migrated from Yahoo.