Collecting Attorney Fees after Conversion from 13 to
Posted: Mon Apr 16, 2012 11:27 am
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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)
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On Mon, 16 Apr 2012 10:28:27 -0700, Christine Wilton 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
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start="66q3zsst2bok@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}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. 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:
The post was migrated from Yahoo.