Fee Application in Chapter 13
Posted: Wed Sep 11, 2013 11:47 am
No. Its all creditors regardless of whether a proof of claim was filed. The Judges look at the ECF creditor list to verify service, even though
those addresses may be invalid or duplicative or the claim was transferredaway. I vented my frustration on this topic on this list serve a couple
months ago after learning the hard way that limiting service to only the secured
creditors and creditors that filed a POC was not sufficient.
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)
In a message dated 9/11/2013 11:33:37 A.M. Pacific Daylight Time,
sblever@leverlaw.com writes:
Isnt it matrix minus any creditors who didnt file a claim if the bar
date has passed?
Steven B. Lever
Christine Wilton
Sent: Tuesday, September 10, 2013 3:13 PM
To: cdcbaa@yahoogroups.com
Subject: Re: Re: [cdcbaa] Fee Application in Chapter 13
That's correct Sam. A fee app over $1,000.00 must be served on the
matrix.
Christine
On Thu, Sep 5, 2013 at 2:58 PM, wrote:
Thanks Mark. That helps alot. Now that I just read LBR 3015 more closely,I see that the $1000 benchmark has to do with limiting service to the
trustee and debtor only, not with whether the matter has to be set for hearing.
My bad.
wrote:
1. You can file these as a scream or die motion under local rule
9013-1(o) if you are so inclined.
2. Local Forms 2016-1.1 and 1.2 are not for Chapter 13.
3. Use your own motion form and if you want a noticed hearing use with
the standard notice of hearing form 9013-1.1.
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)
In a message dated 9/5/2013 2:30:56 P.M. Pacific Daylight Time, sam@...
writes:
I use RARA in my Chapter 13 practice and I have filed supplemental fee
apps for under $1000. Now I am getting ready to file my first supplemental fee
app for over $1000 and set it for hearing. Do I have to use Local Forms
2016-1.1 and 1.2 (App and Notice for interim/final fees). These seem moresuited to Chapter 11 cases. Alternatively, can I use my own motion form and
a standard Notice (9013-1.1)? Any comments or suggestions are
appreciated.
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
**Our New Office Location**:
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210
Fax: 714-489-8150
Email: _attorneychristine@gmail.com_ (mailto:attorneychristine@gmail.com)
Web: _www.attorneychristine.com_ (http://www.attorneychristine.com/)
Blog: _www.losangelesbankruptcylawmonitor.com_
(http://www.losangelesbankruptcylawmonitor.com/)
***************************
Confidentiality and Privilege. This e-mail message, including attachments,is intended solely for review by the intended recipie nt(s) and may
contain confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than theintended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENTPRIVILEGE 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 containedin 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. Its all creditors regardless of whether a proof of claim wasfiled. The Judges look at the ECF creditor list to verify service, even
though those addresses may be invalid or duplicative or the claim was
transferred away. I vented my frustration on this topic on this list serve
a couple months ago after learning the hard way that limiting service to only
the secured creditors and creditors that filed a POC was not sufficient.
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)
In a message dated 9/11/2013 11:33:37 A.M. Pacific Daylight Time,
sblever@leverlaw.com writes:
Isnt it matrix minus any
creditors who didnt file a claim if the bar date has passed?
Steven B. Lever
From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com] On Behalf Of Christine
WiltonSent: Tuesday, September 10, 2013 3:13 PMTo: cdcbaa@yahoogroups.comSubject: Re: Re: [cdcbaa] Fee Application in
Chapter 13
That's correct Sam. A fee app over $1,000.00 must be
served on the matrix.
Christine
On Thu, Sep 5, 2013 at 2:58 PM, <sam@southbaybk.com> wrote:
Thanks Mark. That helps alot. Now that I just read LBR 3015 more closely, I see that the $1000 benchmark has to do with
limiting service to the trustee and debtor only, not with whether
the matter has to be set for hearing. My bad.
--- In cdcbaa@yahoogroups.com,
<cdcbaa@yahoogroups.com> wrote:
1. You can file these as a
scream or die motion under local rule 9013-1(o) if you are so
inclined.
2. Local Forms 2016-1.1
and 1.2 are not for Chapter 13.
3. Use your own motion
form and if you want a noticed hearing use with the standard notice of hearing
form 9013-1.1.
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)
In a message dated 9/5/2013
2:30:56 P.M. Pacific Daylight Time, sam@... writes:
I use RARA in my Chapter 13 practice and
I have filed supplemental fee apps for under $1000. Now I am getting
ready to file my first supplemental fee app for over $1000 and set
it for hearing. Do I have to use Local Forms 2016-1.1 and 1.2
(App and Notice for interim/final fees). These seem more suited to Chapter
11 cases. Alternatively, can I use my own motion form and a standard Notice (9013-1.1)? Any comments or suggestions are
appreciated.
--
Christine A. Wilton, Esq.Law Office of Christine A.
Wilton**Our New Office Location**:
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Office: 714-533-9210Fax:
714-489-8150Email: attorneychristine@gmail.comWeb: www.attorneychristine.comBlog:
The post was migrated from Yahoo.