Sandra, I caution strongly against throwing in the kitchen sink - if it's not applicable, you risk looking like a fool in front of the judge. Any valid argument you may have falls by the side of the road.
In my opinion, a strong argument is for recovery of all fees, as well as for attorneys' fees and costs under 11 USC 526(c)(2). Bear in mind, however, that you need to move to reopen the case to amend Schedules B and C as well as for the purpose of bringing the action.
Under 11 USC 101 (12A):
(12A) The term debt relief agency means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110, but does not include
(A) any person who is an officer, director, employee, or agent of a person who provides such assistance or of the bankruptcy petition preparer;
(B) a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986;
(C) a creditor of such assisted person, to the extent that the creditor is assisting such assisted person to restructure any debt owed by such assisted person to the creditor;
(D) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act) or any Federal credit union or State credit union (as those terms are defined in section 101 of the Federal Credit Union Act), or any affiliate or subsidiary of such depository institution or credit union; or
(E) an author, publisher, distributor, or seller of works subject to copyright protection under title 17, when acting in such capacity.
Most people think it applies solely to lawyers - it does not.
Under 11 USC 526(c)(2):
(2) Any debt relief agency shall be liable to an assisted person in the amount of any fees or charges in connection with providing bankruptcy assistance to such person that such debt relief agency has received, for actual damages, and for reasonable attorneys fees and costs if such agency is found, after notice and a hearing, to have
(A) intentionally or negligently failed to comply with any provision of this section, section 527, orsection 528 with respect to a case or proceeding under this title for such assisted person;
(B) provided bankruptcy assistance to an assisted person in a case or proceeding under this title that is dismissed or converted to a case under another chapter of this title because of such agencys intentional or negligent failure to file any required document including those specified in section 521; or
(C) intentionally or negligently disregarded the material requirements of this title or the Federal Rules of Bankruptcy Procedure applicable to such agency.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
Smart Solutions To Bill Problems
T: 626-808-4343 x704
E:
jay@sflawca.com
www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
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Consider also a Motion to Disgorge Fees under Section 329. A practical problem is who will pay you for all your time. It has to be the client who has already overpaid the last attorney. Realistically, even with a court order to disgorge fees the client may never be paid a penny. What you are doing is creating a record that might prevent the attorney from harming others by, perhaps, a discipline action by the courts or disbarment.
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Sandra, I caution strongly against throwing in the kitchen sink - if it's not applicable, you risk looking like a fool in front of the judge. Any valid argument you may have falls by the side of the road.
In my opinion, a strong argument is for recovery of all fees, as well as for attorneys' fees and costs under 11 USC 526(c)(2). Bear in mind, however, that you need to move to reopen the case to amend Schedules B and C as well as for the purpose of bringing the action.
Under 11 USC 101 (12A):
(12A) The term debt relief agency means any person who provides any bankruptcy assistance to an assisted person in return for the payment of money or other valuable consideration, or who is a bankruptcy petition preparer under section 110, but does not include
(A) any person who is an officer, director, employee, or agent of a person who provides such assistance or of the bankruptcy petition preparer;
(B) a nonprofit organization that is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986;
(C) a creditor of such assisted person, to the extent that the creditor is assisting such assisted person to restructure any debt owed by such assisted person to the creditor;
(D) a depository institution (as defined in section 3 of the Federal Deposit Insurance Act) or any Federal credit union or State credit union (as those terms are defined in section 101 of the Federal Credit Union Act), or any affiliate or subsidiary of such depository institution or credit union; or
(E) an author, publisher, distributor, or seller of works subject to copyright protection under title 17, when acting in such capacity.
Most people think it applies solely to lawyers - it does not.
Under 11 USC 526(c)(2):
(2) Any debt relief agency shall be liable to an assisted person in the amount of any fees or charges in connection with providing bankruptcy assistance to such person that such debt relief agency has received, for actual damages, and for reasonable attorneys fees and costs if such agency is found, after notice and a hearing, to have
(A) intentionally or negligently failed to comply with any provision of this section, section 527, orsection 528 with respect to a case or proceeding under this title for such assisted person;
(B) provided bankruptcy assistance to an assisted person in a case or proceeding under this title that is dismissed or converted to a case under another chapter of this title because of such agencys intentional or negligent failure to file any required document including those specified in section 521; or
(C) intentionally or negligently disregarded the material requirements of this title or the Federal Rules of Bankruptcy Procedure applicable to such agency.
Jay S. Fleischman, Esq.
Shaev & Fleischman, LLP
Smart Solutions To Bill Problems
T: 626-808-4343 x704
E:
jay@sflawca.com
www.ConsumerHelpCentral.com
556 S Fair Oaks Ave Ste 101-152
Pasadena CA 91105-2656
Email isn't secure, so it's not confidential. By communicating with me by email, you understand that it's not confidential.
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