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Fwd: No Money Down 13 Takes a Hit
Law firm could not recover Chapter 13 filing fee, advanced to debtor, as
administrative expense:
A law firm's claim for its advance of the Chapter 13 filing fee on behalf
of the debtor, pursuant to the firms promise of providing clients with money down bankruptcy filings, was not for actual, necessary expense of
preserving the estate, within the meaning of Code 503(b)(1)(A), and the
firm could not recover the advance as an administrative expense under that
provision. Nor could the law firm recover the advance under 503(b)(2),
which allows as an administrative expense compensation and reimbursement
awarded under section 330(a), as 330(a)(4)(B), which is the provision in
attorney, speaks only of reasonable compensation to the debtors
attorney; the narrow, plain meaning of the word compensation refers to
payment for services, rather than reimbursement for expenses. While some
courts had allowed the reimbursement of expenses under 330(a)(4)(B),
there was no clear statutory basis for doing so.****
In re Marotta, 479 B.R. 681 (Bankr. M.D. N.C., Oct. 9, 2012)****
(case no. 2:12-bk-10409) (Bankruptcy Judge Thomas W. Waldrep Jr.)****
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*O. Max Gardner III*
*MaxGardnerLaw PLLC*
*PO Box 1000*
*Shelby NC 28151-1000*
*704.487.0616 (Office)*
*704.751.5171 (Skype)*
*888.870.1647 (eFax)*
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www.maxgardnerlaw.com****
www.governoromaxgardner.com****
www.maxbankruptcybootcamp.com****
maxgardner@maxgardner.com****
https://twitter.com/MaxGardner****
https://twitter.com/Max_Boot_Camp****
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Lt. Christine Wilton
Law Office of Christine A. Wilton
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Tel: 877-631-2220
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Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Office:*
5150 Candlewood Street, Suite 17F
Lakewood, CA 90712
*Mailing:*
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Lakewood, CA 90712
Office: 877-631-2220
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Blog: www.losangelesbankruptcylawmonitor.com
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Law firm could not recover Chapter 13 filing fee, advanced to debtor, as administrative expense:
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