.jpg)
Withdrawing as Counsel v. Dismissing the Chapter 11 Case
If Debtor wants to dismiss and you're still the attorney there are two
options:
1. If you think the Court is inclined to dismiss by your inaction, then you
shouldn't act and therefore let it get dismissed
2. If you think the Court is inclined to convert or appoint a trustee, then
you should file a motion to dismiss and try to get the Court to dismiss the
case.
My understanding of bankruptcy is dismissal does not mean the case is
closed. Closing/opening a case is purely an administrative thing that
happens. So if you have a motion set for hearing (like fee application),
then the case won't be closed.
The way that will work is if the case is converted, you work with the
Chapter 7 trustee to coordinate a good time to file your final fee
application. If the case is dismissed, then you do a final fee application
right away, even before entry of the Order dismissing.
Whether or not you should withdraw as counsel is above my pay-grade **
>
>
> Individual Chapter 11 case. Attorney client relationship broke down.
> Debtor wants to dismiss. Attorney wants to file the fee app.
>
> Can the court dismiss the debtor and leave the case open for the fee
> application and other matters?
>
> Assuming the court can dismiss the debtor and leave the case open for the
> fee application, is there any advantage to withdrawing as counsel and
> filing a fee application?
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> California Central District
>
>
>
If Debtor wants to dismiss and you're still the attorney there are two options:1. If you think the Court is inclined to dismiss by your inaction, then you shouldn't act and therefore let it get dismissed
2. If you think the Court is inclined to convert or appoint a trustee, then you should file a motion to dismiss and try to get the Court to dismiss the case.My understanding of bankruptcy is dismissal does not mean the case is closed. Closing/opening a case is purely an administrative thing that happens. So if you have a motion set for hearing (like fee application), then the case won't be closed.
The way that will work is if the case is converted, you work with the Chapter 7 trustee to coordinate a good time to file your final fee application. If the case is dismissed, then you do a final fee application right away, even before entry of the Order dismissing.
Whether or not you should withdraw as counsel is above my pay-grade <- Google made me put the hyphen.Sincerely,
Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com818-507-6000
On Wed, Jul 17, 2013 at 5:41 PM, Alik Segal <listserv.inbox@gmail.com> wrote:
Individual Chapter 11 case. Attorney client relationship broke down. Debtor wants to dismiss. Attorney wants to file the fee app. Can the court dismiss the debtor and leave the case open for the fee application and other matters?
Assuming the court can dismiss the debtor and leave the case open for the fee application, is there any advantage to withdrawing as counsel and filing a fee application?-- Alik Segal
Alik.Segal@gmail.com310-362-6157California Central District
The post was migrated from Yahoo.
Will the court dismiss? Then the debtor walks away with whatever estate
there is. If there are assets, the court is much more likely to convert to
7.
The fee app gives you an order determining fees owed to you. This is a
good thing. In a case converted to 7, you get paid from the estate. If
the debtor walks without an estate being distributed, you still have the
order ( judgment).
I'd file the fee app ASAP, noting that the debtor won't sign the
declaration saying that the money is owed. Then move to dismiss, and see
if the court allows that or converts to 7.
John D. Faucher
Faucher & Associates
*818/889-8080*
On Wed, Jul 17, 2013 at 5:45 PM, Alik Segal wrote:
> **
>
>
> Listmates,
>
>
> Previous message came in garbled so I am resending.
>
>
>
> Individual Chapter 11 case. Attorney client relationship broke down.
> Debtor wants to dismiss. Attorney wants to file the fee app.
>
> Can the court dismiss the debtor and leave the case open for the fee
> application and other matters?
>
> Assuming the court can dismiss the debtor and leave the case open for the
> fee application, is there any advantage to withdrawing as counsel and
> filing a fee application?
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> California Central District
>
>
>
Will the court dismiss? Then the debtor walks away with whatever estate there is. If there are assets, the court is much more likely to convert to 7.
The fee app gives you an order determining fees owed to you. This is a good thing. In a case converted to 7, you get paid from the estate. If the debtor walks without an estate being distributed, you still have the order ( judgment).
The post was migrated from Yahoo.
Listmates,
Previous message came in garbled so I am resending.
Individual Chapter 11 case. Attorney client relationship broke down.
Debtor wants to dismiss. Attorney wants to file the fee app.
Can the court dismiss the debtor and leave the case open for the fee
application and other matters?
Assuming the court can dismiss the debtor and leave the case open for the
fee application, is there any advantage to withdrawing as counsel and
filing a fee application?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
Listmates,Previous message came in garbled so I am resending.Individual Chapter 11 case. Attorney client relationship broke down.
Debtor wants to dismiss. Attorney wants to file the fee app.
Can the court dismiss the debtor and leave the case open for the fee
application and other matters?
Assuming the court can dismiss the debtor and leave the case open for the
fee application, is there any advantage to withdrawing as counsel and
filing a fee application?-- Alik Segal
The post was migrated from Yahoo.
Individual Chapter 11 case. Attorney client relationship broke down.
Debtor wants to dismiss. Attorney wants to file the fee app.
Can the court dismiss the debtor and leave the case open for the fee
application and other matters?
Assuming the court can dismiss the debtor and leave the case open for the
fee application, is there any advantage to withdrawing as counsel and
filing a fee application?
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
Individual Chapter 11 case. Attorney client relationship broke down. Debtor wants to dismiss. Attorney wants to file the fee app. Can the court dismiss the debtor and leave the case open for the fee application and other matters?
Assuming the court can dismiss the debtor and leave the case open for the fee application, is there any advantage to withdrawing as counsel and filing a fee application?-- Alik Segal
Alik.Segal@gmail.com310-362-6157California Central District
The post was migrated from Yahoo.