Collecting Attorney Fees after Conversion from 13 to7
Posted: Tue Apr 17, 2012 9:02 pm
I got paid my RARA fees, but had done additional work. I filed a fee app prior to conversion, but had not gotten the order yet. So I am seeking fees for preconfirmation motion and adversary work.
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On Apr 17, 2012, at 6:04 PM, "Mark J. Markus" wrote:
> Ahh..woops.
>
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> 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/
> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://www.bklaw.com/bankruptcy-blog/20 ... efinition/)
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>
> On 4/17/2012 5:20 PM, Mark T. Jessee wrote:
>>
>> The issue was to payment of attorney fees after conversion to Chapter 7, not after dismissal.
>>
>> 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)
>>
>>
>>
>> On Tue, 17 Apr 2012 17:05:09 -0700, "Mark J. Markus" wrote:
>>
>> I don't recall the initial post on this and when the dismissal took place vis a vis confirmation of the plan, but
>>
>> SEE LBR 3015-1(v):
>>
>> (7) Payment of Fees Upon Dismissal.
>>
>> Unless otherwise ordered by the court, the
>> chapter 13 trustee must disburse to the debtors attorney as soon as practicable
>> after dismissal any portion of the balance on hand which has been tendered to the
>> chapter 13 trustee for payment of the RARA fees, provided:
>> (A) A RARA was signed by the debtors attorney and the debtor, filed, and
>> served on the chapter 13 trustee; and
>> (B) The debtors case is dismissed prior to or at the hearing on confirmation of
>> the plan.
>>
>>
>> *************************
>> 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/
>> This Firm is a Qualified Federal Debt Relief Agency (see what this means at http://www.bklaw.com/bankruptcy-blog/20 ... efinition/)
>> ________________________________________________
>> NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
>> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
>>
>> On 4/17/2012 11:08 AM, Steven B. Lever wrote:
>>>
>>> But I have two cases that converted and Nancy still paid me. Are you sure about this? Steven B. Lever
>>>
>>>
>>>
Of Mark T. Jessee
>>> Sent: Monday, April 16, 2012 6:31 PM
>>> To: cdcbaa@yahoogroups.com
>>> Subject: RE: [cdcbaa] Collecting Attorney Fees after Conversion from 13 to7
>>>
>>>
>>>
>>> RARA is irrelevant. The Chapter 13 trustees send any money on hand back to the debtors when the case is converted to Chapter 7 unless there is a signed order awarding fees. Unless it is an asset Chapter 7 case where the attorney is paid as an administrative expense from the prior case, the attorney is out of luck for the remaining fees due from the Chapter 13. Whereas if it was dismissed instead of converted, the Chapter 13 trustees pay any outstanding balance owed to the attorney before refunding monies to the debtor. It places the attorney in the wonderful postion of being in conflict with their client's interests. Let it be dismissed and be paid or convert, which is most of the time in the client's best interests, and kiss the fees goodbye. This is another example of axiom that no good deed goes unpunished!
>>>
>>>
>>>
>>>
>>> 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)
>>>
>>>
>>>
>>>
>>> On Mon, 16 Apr 2012 18:03:38 -0700, "Steven B. Lever" wrote:
>>>
>>>
>>>
>>> I see. So youll get the RARA fees, but not the fees for a lien strip or whatever.
>>>
>>>
>>>
>>> Well, thats the rub with Chapter 13 practice. We sign on for a stream of income from the future just like the creditors get paid back, and when the debtors dont perform were out too. It>>>
>>>
>>>
>>> You could still get the fee app approved and use it as evidence under quantum meruit, but why bother. Youd do as much work getting the judgment and collecting on it as they owe you.
>>>
>>>
>>>
>>> Steve
>>>
>>>
>>>
Of Christine Wilton
>>> Sent: Monday, April 16, 2012 5:56 PM
>>> To: cdcbaa@yahoogroups.com
>>> Subject: Re: [cdcbaa] 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?
>>>
>>>
>>>
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)
>>>
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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
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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
>>> C ell: 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.)
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>
>
I got paid my RARA fees, but had done additional work. I filed a fee app prior to conversion, but had not gotten the order yet. So I am seeking fees for preconfirmation motion and adversary work. Sent from my iPadOn Apr 17, 2012, at 6:04 PM, "Mark J. Markus" <bklawr@yahoo.com> wrote:
Ahh..woops.
*************************
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/
This Firm is a Qualified Federal Debt Relief Agency (see what
this means at
The post was migrated from Yahoo.