OSC re Disgorgement of Fees after Dismissal of Chapter 13
Posted: Sat Jan 30, 2016 4:01 pm
I would file a load star Fee Application and point out to the court that
the case was dismissed due to demands made by the Trustee that the clients
could not afford and not because you filed a bad case.
M. Erik Clark
[image: small logo (2)]
100 N. Barranca Street, Suite 250
West Covina, CA 91791
www.BorowitzClark.com
Office: (626) 332-8600
Fax: (626) 332-8644
Board Certified in Consumer Bankruptcy
American Board of Certification
*Dont forget to give us a 5 star Yelp review at www.yelp.com
and Like us at "www.facebook.com/BCLaw.LLP
*
*From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
*Sent:* Saturday, January 30, 2016 12:53 PM
*To:* cdcbaa@yahoogroups.com
*Subject:* [cdcbaa] OSC re Disgorgement of Fees after Dismissal of Chapter
13
have a Chapter 13 bankruptcy matter in Riverside that I voluntarily
dismissed because my clients could not afford the monthly plan payment
proposed by the trustee and other reasons. Thus, the plan was not
confirmed. Immediately thereafter, Judge Yun issued an OSC against me for
disgorgement of my fees ($4,000 up front) and sanctions.
Prior to the OSC, I told my clients that I would handle a subsequent
Chapter 13 for them after they made some necessary changes regarding assets
and expenses, or that I could help them with debt collection activities and
counseling with the remainder of the fee that was not used during the
current matter. I find it troubling that the court would interfere with my
clients' right to negotiate whatever deal as they see fit and instead have
chosen to prosecute me without any complaint from my clients.
Anyway, I'm not sure how to approach this and what to expect. Should I try
to negotiate a deal with the court and/or the clients, or do I have no
choice but to litigate the matter and personally appear in Riverside (1.5
hour drive each way) for the hearing? Does anyone have sample briefs and/or
relevant law on point? Should I have representation since a potential money
judgment including a sanctions order could be issued against me? Needless
to say, the amount of time that I have spent on this matter over the last
year far exceeds the fees that I have received. Any help would be greatly
appreciated. Thank you.
Cameron Totten
Sent from my iPad
The post was migrated from Yahoo.