And is there any trustee who won't object?
On Jul 30, 2012 10:09 AM, "Kirk Brennan" wrote:
> Which other judges allow this?
> On Jul 29, 2012 11:14 PM, "Dennis McGoldrick" wrote:
>
>> **
>>
>>
>> Arsen:
>>
>> Don't know to which lawyer you refer, but keep in mind that Judge Tighe,
>> and some other judges invite chapter 13 filings for debtor's over the
>> limits, and confirm plans for people over the limits. Why? They have
>> previously ruled that 109 is not jurisdictional, and if no one objects, it
>> can be used to save the higher chapter 11 fees.
>>
>> However, as you state, if the 13 trustee objects, the case has to be
>> dismissed.
>>
>> d
>>
>> ------------------------------
>> *From:* Arsen Pogosov
>> *To:*
cdcbaa@yahoogroups.com
>> *Sent:* Sunday, July 29, 2012 12:06 PM
>> *Subject:* [cdcbaa] Den of Thieves
>>
>>
>> Dear Listmates:
>>
>> I would like to solicit your opinion on the following situation:
>>
>> Attorney (not from LA county) charges the full no-look fee for a Chapter
>> 13 and files it. At the 341(a) hearing, Trustee informs Attorney that his
>> client is over the debt limits for a Chapter 13 (i.e. over $1.06m secured
>> debt). No response from Attorney, attorney does not address this issue.
>>
>> One month after the 341(a) hearing, Attorney files 2 separate lien-strip
>> motions, charging $1500 plus appraisal fees for each motion. Motions are
>> granted. A week after motions are granted, Trustee files an objection on
>> the grounds that the debt limits have been exceeded.
>>
>> Again, no response by Attorney to Trustees objection. Court dismisses
>> the case a month later based on Trustees objection.
>>
>> *Question#1*: did I just witness a rape of a client, where Attorney
>> took $3000 from client for useless services which Attorney knew would not
>> give any benefit to the client.
>>
>> *Question#2*: if Attorneys services were in vain, useless, and
>> Attorney knew about this the whole time, should the Attorney return the
>> $3000 to the client?
>>
>> Your opinion is very much appreciated. Thank you.
>>
>> Arsen Pogosov
>>
>>
>>
>>
>
And is there any trustee who won't object?
On Jul 30, 2012 10:09 AM, "Kirk Brennan" <
kirkinhermosa@gmail.com> wrote:
Which other judges allow this?
On Jul 29, 2012 11:14 PM, "Dennis McGoldrick" <
easky1@yahoo.com> wrote:
The post was migrated from Yahoo.