Page 1 of 2

Collecting Attorney Fees after Conversion from 13 to7

Posted: Tue Apr 17, 2012 9:02 pm
by Yahoo Bot

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 iPad
On Apr 17, 2012, at 6:04 PM, "Mark J. Markus" 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 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 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)
>>>
>>> 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 RE TURN 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 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@g mail.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.)
>>>
>>>
>>>
>>> No virus found in this message.
>>> Checked by AVG - www.avg.com
>>> Version: 10.0.1424 / Virus Database: 2411/4940 - Release Date: 04/16/12
>>>
>>>
>>>
>>>
>>> --
>>> 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.)
>>>
>>>
>>>
>>> No virus found in this message.
>>> Checked by AVG - www.avg.com
>>> Version: 10.0.1424 / Virus Database: 2411/4941 - Release Date: 04/16/12
>>>
>>> No virus found in this message.
>>> Checked by AVG - www.avg.com
>>> Version: 10.0.1424 / Virus Database: 2411/4941 - Release Date: 04/16/12
>>>
>
>
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.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Tue Apr 17, 2012 6:04 pm
by Yahoo Bot

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.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Tue Apr 17, 2012 5:20 pm
by Yahoo Bot

charsetF-8;
format="flowed"
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

The post was migrated from Yahoo.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Tue Apr 17, 2012 5:05 pm
by Yahoo Bot

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 debtor's 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 debtor's attorney and the debtor,
filed, and
served on the chapter 13 trustee; and
(B) The debtor's 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

The post was migrated from Yahoo.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Tue Apr 17, 2012 1:03 pm
by Yahoo Bot

Maybe it slipped through the cracks. I have had to follow up with her
office in the past when mistakes were made.
On Apr 17, 2012 11:11 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 ****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> 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" sblever@leverlaw.com> 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. Its our occupational hazard. Well,
> one of them.****
>
> ****
>
> 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 ****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> 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?****
>
> ****
>
> *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 RE TURN 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@g mail.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.) ****
>
> ****
> ------------------------------
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 10.0.1424 / Virus Database: 2411/4940 - Release Date: 04/16/12***
> *
>
>
>
>
> --
> 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.) ****
>
> ****
> ------------------------------
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 10.0.1424 / Virus Database: 2411/4941 - Release Date: 04/16/12***
> *
> ------------------------------
>
> No virus found in this message.
> Checked by AVG - www.avg.com
> Version: 10.0.1424 / Virus Database: 2411/4941 - Release Date: 04/16/12***
> *
>
>
>
Maybe it slipped through the cracks. I have had to follow up with her office in the past when mistakes were made.
On Apr 17, 2012 11:11 AM, "Steven B. Lever" <sblever@leverlaw.com> wrote:
The post was migrated from Yahoo.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Tue Apr 17, 2012 12:41 pm
by Yahoo Bot

charsetF-8;
format="flowed"
Glad to hear Nancy is paying out funds on hand to debtor's counsel
under RARA postconversion. Liz Rojas does not.
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 Tue, 17 Apr 2012 11:21:20 -0700, Giovanni Orantes wrote:
I've gotten paid on conversion to 7, too, when my RARA
had been filed already.
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
start="27zgz2kbewlc@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}Glad to hear Nancy is paying
out funds on hand to debtor's counsel under RARA postconversion. Liz
Rojas does not.
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
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On Tue, 17 Apr 2012 11:21:20 -0700, Giovanni Orantes
<go@gobklaw.com> wrote:

The post was migrated from Yahoo.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Tue Apr 17, 2012 11:21 am
by Yahoo Bot

I've gotten paid on conversion to 7, too, when my RARA had been filed
already.
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
I've gotten paid on conversion to 7, too, when my RARA had been filed already.-- Giovanni Orantes, Esq. Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 1980Los Angeles, CA 90010Tel: (213) 389-4362
Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com

The post was migrated from Yahoo.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Tue Apr 17, 2012 11:08 am
by Yahoo Bot


The post was migrated from Yahoo.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Mon Apr 16, 2012 6:31 pm
by Yahoo Bot

charsetF-8;
format="flowed"
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 astream of income from the future just like the creditors get paid back,
and when the debtors dont perform were out too. Itoccupational hazard. Well, one of them.
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 thejudgment and collecting on it as they owe you.
Steve
Behalf 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?
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 RE TURN 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 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@g mail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
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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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start="6paxr2evqccg@webmail.mysuperpageshosting.com"
charsetF-8
p{margin: 0;padding: 0;}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. 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)
On Mon, 16 Apr 2012 18:03:38 -0700, "Steven B. Lever"
<sblever@leverlaw.com> wrote:

The post was migrated from Yahoo.

Collecting Attorney Fees after Conversion from 13 to7

Posted: Mon Apr 16, 2012 6:03 pm
by Yahoo Bot

charset="US-ASCII"
I see. So you'll get the RARA fees, but not the fees for a lien strip
or whatever.
Well, that's 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 don't perform we're out too. It's our occupational
hazard. Well, one of them.
You could still get the fee app approved and use it as evidence under
quantum meruit, but why bother. You'd do as much work getting the
judgment and collecting on it as they owe you.
Steve

The post was migrated from Yahoo.