Central District Consumer Bankruptcy Attorney's Association

Hale: Before you are finished your fee app, you know how long it took to prepare it. As a result, I ask for compensation for present app and generally get it. What is often not awarded is the time to appear at the fee app, cause you cannot know that charge until the day you make the appearance.
I have estimated the time for the hearing and had it denied, but not the prep of the app.
D
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 9, 2015, at 12:23 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa] wrote:
>
> Contrast this trustee's 10% + 1% + .1% + .01% + .001% etc with attorneys' internal payments for work done to get payments: fee apps.
>
> Attorneys are allowed to bill for time required to complete fee apps, but not allowed to bill for work not yet done. This means (as the bench has instructed me), that we can charge for every fee app except the present one, since work on it is not completed at time of filing it. Thus, unless we do fee apps to continue to get paid for completing fee apps, means in cases where there is only one fee app, we don't get paid to do fee apps.
>
> Hale
> Sent: Friday, February 06, 2015 1:53 PM
> To: CDCBAA List Serve
> Subject: Re: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>
>
> Their fees though, are 100/9 % or 11.111111% (to infinity) of the amount distributed. Not sure if this is the # you were looking for.
>
>
> Sincerely,
>
> Michael Avanesian, Esq.
> AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
>
>> On Fri, Feb 6, 2015 at 1:38 PM, mitnicklaw@aol.com [cdcbaa] wrote:
>>
>>
>> California
>> CAC Central District of California 4.5%
>> CAE Eastern District of California 4.3%
>> CAN Northern District of California 6.1%
>> CAS Southern District of California 5.6%
>>
>> From the UST website re admin expense for chapter 13.
>>
>> Law Office of Eric Alan Mitnick
>> 21515 Hawthorne Boulevard, Ste. 1080
>> Torrance, California 90503
>> (310) 792-5864; 792-5866 (fax)
>> MitnickLaw@aol.com
>>
>> Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
>>
>> The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
>>
>> ***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***
>>
>>
>> -----Original Message-----
oups.com>
>> To: cdcbaa
>> Sent: Fri, Feb 6, 2015 1:32 pm
>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>>
>>
>> Are you talking about the percentage that the trustee takes on chapter 13 plans, or their personal compensation?
>>
>> Vernon L. Ellicott, Esq.
>> Certified Family Law Specialist
>> California State Bar Board of Legal Specialization
>> Family Law, Bankruptcy, and Estate Planning
>> Law Offices of Vernon L. Ellicott
>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite 411
>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>> (805) 446-6262 (661) 222-2922
>> (805) 446-6264 Fax
>>
>>
>> This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
>>
>> A bad day on the bike is better than a good day on the golf course!
>>
>>
>> Sent: Friday, February 06, 2015 1:16 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: Re: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>>
>> I believe that it is about 4.5%.
>> Law Office of Eric Alan Mitnick
>> 21515 Hawthorne Boulevard, Ste. 1080
>> Torrance, California 90503
>> (310) 792-5864; 792-5866 (fax)
>> MitnickLaw@aol.com
>>
>> Although this email and any attachments are believed to be free of any virus or other defect that might affect any computer system into which it is received and opened, it is the responsibility of the recipient to ensure that it is virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from its use.
>>
>> The information contained in this email message and any attached files may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email, and delete the email message you received and all of the attached files.
>>
>> ***NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL***
>>
>> -----Original Message-----
oups.com>
>> To: cdcbaa
>> Sent: Fri, Feb 6, 2015 1:08 pm
>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>>
>> Has it changed recently? If not, it is 11%
>>
>> Vernon L. Ellicott, Esq.
>> Certified Family Law Specialist
>> California State Bar Board of Legal Specialization
>> Family Law, Bankruptcy, and Estate Planning
>> Law Offices of Vernon L. Ellicott
>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite 411
>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>> (805) 446-6262 (661) 222-2922
>> (805) 446-6264 Fax
>>
>>
>> This e-mail transmission and any documents, files, or previous e-mail messages attached to it, may contain confidential information from the LAW OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. If you received this transmission in error, please immediately notify us by reply e-mail, or by telephone at (805) 446-6262, and destroy the original transmission and its attachments and all copies of any kind, without reading them or saving them in any way. Thank you.
>>
>> A bad day on the bike is better than a good day on the golf course!
>>
>>
>> Sent: Friday, February 06, 2015 12:18 PM
>> To: cdcbaa@yahoogroups.com
>> Subject: [cdcbaa] Current percentage for compensation of Chapter 13 Trustees
>>
>>
>> Would anybody happen to know the exact percentage to which Chapter 13 Trustees are entitled right now?
>>
>> --
>> Giovanni Orantes, Esq.*
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>> *Board Certified - Business Bankruptcy Law - American Board of Certification
>> *Board Certified - Consumer Bankruptcy Law - American Board of Certification
>> Commercial Litigation
>> Estate Planning
>> Outside General Counsel
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
>
vle@vlelaw.com [cdcbaa] <cdcbaa@yahoogroups.com>To: cdcbaa <cdcbaa@yahoogroups.com>

Sent: Fri, Feb 6, 2015 1:32 pmSubject: RE: [cdcbaa] Current
percentage for compensation of Chapter 13 Trustees







Are you talking about the
percentage that the trustee takes on chapter 13 plans, or their personal compensation?


Vernon L. Ellicott,
Esq.
Certified Family Law
Specialist
California State Bar Board
of Legal Specialization
Family Law, Bankruptcy, and
Estate Planning
Law Offices of Vernon L.
Ellicott
325 E. Hillcrest
Drive, Suite

The post was migrated from Yahoo.

I am specifically referring to 11 U.S.C. 330(a)(4)(B). The code section is
designed to allow for a Chapter 13 Debtor to pay for things such as a
divorce attorney which may not benefit the Estate and might actually hurt
the Estate.
Can an individual in a Chapter 11 hire an attorney to commence dissolution
proceedings where those services are not reasonably likely to benefit the
estate and they are not necessary to the administration of the case? You
file the employment app and the Judge authorizes it. If a creditor were to
object, what would the outcome be?
In general, Section (a)(4)(B) is an exception to (a)(4)(A). Professionals
may be hired and paid by the estate for services which do not benefit the
estate and are not necessary to the administration of the case.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Tue, Feb 10, 2015 at 10:46 AM, Kirk Brennan kirkinhermosa@gmail.com
[cdcbaa] wrote:
>
>
> Hi Michael,
> What services are you referring to that chapter 13 attorneys can charge
> for but chapter 11 attorneys cannot?
> On Feb 9, 2015 1:15 PM, "Michael Avanesian michael@avanesianlaw.com
> [cdcbaa]" wrote:
>
>>
>>
>> Hi Hale. I have never filed a Chapter 13 case but since Chapter 13
>> attorneys are allowed to be paid for things that Chapter 11 attorneys are
>> not allowed to be paid for, I would think the Court would be more lenient
>> with Chapter 13 debtor attorneys. You should estimate fees for preparing
>> the final fee app including time at the hearing and present it to the
>> Court. I would present it as a cost saving measure to save the debtor and
>> the estate money but that you would be happy to file a subsequent fee
>> application if that way would please the Court.
>>
>> If you prefer a nonconfrontational means of achieving a similar result,
>> you can calculate your loss and make up for it. Say on average you lose
>> $750 for that final fee app and it takes you, on average, 25 hours to
>> complete a Chapter 13 case. Then 750/25 $30 per hour you've lost. If you
>> increase your hourly rate by $30, you will recoup your fees.
>>
>>
>> Sincerely,
>>
>>
>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>>
>> On Mon, Feb 9, 2015 at 12:23 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> Contrast this trustee's 10% + 1% + .1% + .01% + .001% etc with
>>> attorneys' internal payments for work done to get payments: fee apps.
>>>
>>> Attorneys are allowed to bill for time required to complete fee apps,
>>> but not allowed to bill for work not yet done. This means (as the bench has
>>> instructed me), that we can charge for every fee app except the present
>>> one, since work on it is not completed at time of filing it. Thus, unless
>>> we do fee apps to continue to get paid for completing fee apps, means in
>>> cases where there is only one fee app, we don't get paid to do fee apps.
>>>
>>> Hale
>>> ------------------------------
>>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>>> *Sent:* Friday, February 06, 2015 1:53 PM
>>> *To:* CDCBAA List Serve
>>>
>>> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter
>>> 13 Trustees
>>>
>>>
>>>
>>> Their fees though, are 100/9 % or 11.111111% (to infinity) of the amount
>>> distributed. Not sure if this is the # you were looking for.
>>>
>>>
>>> Sincerely,
>>>
>>>
>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>> 101 N. Brand Blvd., PH 1920
>>> Glendale, California 91203
>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>
>>>
>>> On Fri, Feb 6, 2015 at 1:38 PM, mitnicklaw@aol.com [cdcbaa] >> cdcbaa@yahoogroups.com> wrote:
>>>
>>>>
>>>>
>>>> *California* CAC Central District of California 4.5% CAE Eastern
>>>> District of California 4.3% CAN Northern District of California 6.1%
>>>> CAS Southern District of California 5.6%
>>>> From the UST website re admin expense for chapter 13.
>>>>
>>>> Law Office of Eric Alan Mitnick
>>>> 21515 Hawthorne Boulevard, Ste. 1080
>>>> Torrance, California 90503
>>>> (310) 792-5864; 792-5866 (fax)
>>>> MitnickLaw@aol.com
>>>>
>>>> Although this email and any attachments are believed to be free of any
>>>> virus or other defect that might affect any computer system into which it
>>>> is received and opened, it is the responsibility of the recipient to ensure
>>>> that it is virus free and no responsibility is accepted by the sender for
>>>> any loss or damage arising in any way from its use.
>>>>
>>>> *The information contained in this email message and any attached files
>>>> may be privileged, confidential and protected from disclosure. If you are
>>>> not the intended recipient, any dissemination, distribution or copying is
>>>> strictly prohibited. If you think that you have received this email message
>>>> in error, please notify the sender by reply email, and delete the email
>>>> message you received and all of the attached files.*
>>>>
>>>> ****NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL****
>>>>
>>>>
>>>> -----Original Message-----
>>>> cdcbaa@yahoogroups.com>
>>>> To: cdcbaa
>>>> Sent: Fri, Feb 6, 2015 1:32 pm
>>>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13
>>>> Trustees
>>>>
>>>>
>>>> Are you talking about the percentage that the trustee takes on
>>>> chapter 13 plans, or their personal compensation?
>>>>
>>>> Vernon L. Ellicott, Esq.
>>>> Certified Family Law Specialist
>>>> California State Bar Board of Legal Specialization
>>>> Family Law, Bankruptcy, and Estate Planning
>>>> Law Offices of Vernon L. Ellicott
>>>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd.,
>>>> Suite 411
>>>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>>>> (805) 446-6262 (661)
>>>> 222-2922
>>>> (805) 446-6264 Fax
>>>>
>>>>
>>>> This e-mail transmission and any documents, files, or previous e-mail
>>>> messages attached to it, may contain confidential information from the LAW
>>>> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
>>>> the intended recipient, or a person responsible for delivering it to the
>>>> intended recipient, you are hereby notified that any disclosure, copying,
>>>> distribution or use of any of the information contained in or attached to
>>>> this message is STRICTLY PROHIBITED. If you received this transmission in
>>>> error, please immediately notify us by reply e-mail, or by telephone at (805)
>>>> 446-6262 , and destroy the original transmission
>>>> and its attachments and all copies of any kind, without reading them or
>>>> saving them in any way. Thank you.
>>>>
>>>> *A bad day on the bike is better than a good day on the golf course!*
>>>>
>>>>
>>>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
>>>> ]
>>>> *Sent:* Friday, February 06, 2015 1:16 PM
>>>> *To:* cdcbaa@yahoogroups.com
>>>> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter
>>>> 13 Trustees
>>>>
>>>> I believe that it is about 4.5%.
>>>> Law Office of Eric Alan Mitnick
>>>> 21515 Hawthorne Boulevard, Ste. 1080
>>>> Torrance, California 90503
>>>> (310) 792-5864 ; 792-5866 (fax)
>>>> MitnickLaw@aol.com
>>>>
>>>> Although this email and any attachments are believed to be free of
>>>> any virus or other defect that might affect any computer system into which
>>>> it is received and opened, it is the responsibility of the recipient to
>>>> ensure that it is virus free and no responsibility is accepted by the
>>>> sender for any loss or damage arising in any way from its use.
>>>>
>>>> *The information contained in this email message and any attached files
>>>> may be privileged, confidential and protected from disclosure. If you are
>>>> not the intended recipient, any dissemination, distribution or copying is
>>>> strictly prohibited. If you think that you have received this email message
>>>> in error, please notify the sender by reply email, and delete the email
>>>> message you received and all of the attached files.*
>>>>
>>>> ****NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL****
>>>>
>>>> -----Original Message-----
>>>> cdcbaa@yahoogroups.com>
>>>> To: cdcbaa
>>>> Sent: Fri, Feb 6, 2015 1:08 pm
>>>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13
>>>> Trustees
>>>>
>>>> Has it changed recently? If not, it is 11%
>>>>
>>>> Vernon L. Ellicott, Esq.
>>>> Certified Family Law Specialist
>>>> California State Bar Board of Legal Specialization
>>>> Family Law, Bankruptcy, and Estate Planning
>>>> Law Offices of Vernon L. Ellicott
>>>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd.,
>>>> Suite 411
>>>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>>>> (805) 446-6262
>>>> (661) 222-2922
>>>> (805) 446-6264 Fax
>>>>
>>>>
>>>> This e-mail transmission and any documents, files, or previous e-mail
>>>> messages attached to it, may contain confidential information from the LAW
>>>> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
>>>> the intended recipient, or a person responsible for delivering it to the
>>>> intended recipient, you are hereby notified that any disclosure, copying,
>>>> distribution or use of any of the information contained in or attached to
>>>> this message is STRICTLY PROHIBITED. If you received this transmission in
>>>> error, please immediately notify us by reply e-mail, or by telephone at (805)
>>>> 446-6262, and destroy the original transmission and its attachments
>>>> and all copies of any kind, without reading them or saving them in any
>>>> way. Thank you.
>>>>
>>>> *A bad day on the bike is better than a good day on the golf course!*
>>>>
>>>>
>>>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
>>>> ]
>>>> *Sent:* Friday, February 06, 2015 12:18 PM
>>>> *To:* cdcbaa@yahoogroups.com
>>>> *Subject:* [cdcbaa] Current percentage for compensation of Chapter 13
>>>> Trustees
>>>>
>>>>
>>>> Would anybody happen to know the exact percentage to which Chapter
>>>> 13 Trustees are entitled right now?
>>>>
>>>> --
>>>> Giovanni Orantes, Esq.*
>>>> Orantes Law Firm, P.C.
>>>> 3435 Wilshire Blvd. Suite 2920
>>>> Los Angeles, CA 90010
>>>> Tel: (213) 389-4362
>>>> Fax: (877) 789-5776
>>>> e-mail: go@gobklaw.com
>>>> website: www.gobklaw.com
>>>> *Board Certified - Business Bankruptcy Law - American Board of
>>>> Certification
>>>> *Board Certified - Consumer Bankruptcy Law - American Board of
>>>> Certification
>>>> Commercial Litigation
>>>> Estate Planning
>>>> Outside General Counsel
>>>>
>>>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>>>
>>>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
>>>> BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>>>
>>>>
>>>
>>
>
I am specifically referring to 11 U.S.C. 330(a)(4)(B). The code section is designed to allow for a Chapter 13 Debtor to pay for things such as a divorce attorney which may not benefit the Estate and might actually hurt the Estate.Can an individual in a Chapter 11 hire an attorney to commence dissolution proceedings where those services are not reasonably likely to benefit the estate and they are not necessary to the administration of the case? You file the employment app and the Judge authorizes it. If a creditor were to object, what would the outcome be?In general, Section (a)(4)(B) is an exception to (a)(4)(A). Professionals may be hired and paid by the estate for services which do not benefit the estate and are not necessary to the administration of the case.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Tue, Feb 10, 2015 at 10:46 AM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Hi Michael,
What services are you referring to that chapter 13 attorneys can charge for but chapter 11 attorneys cannot?
On Feb 9, 2015 1:15 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Hi Hale. I have never filed a Chapter 13 case but since Chapter 13 attorneys are allowed to be paid for things that Chapter 11 attorneys are not allowed to be paid for, I would think the Court would be more lenient with Chapter 13 debtor attorneys. You should estimate fees for preparing the final fee app including time at the hearing and present it to the Court. I would present it as a cost saving measure to save the debtor and the estate money but that you would be happy to file a subsequent fee application if that way would please the Court.If you prefer a nonconfrontational means of achieving a similar result, you can calculate your loss and make up for it. Say on average you lose $750 for that final fee app and it takes you, on average, 25 hours to complete a Chapter 13 case. Then 750/25 $30 per hour you've lost. If you increase your hourly rate by $30, you will recoup your fees.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550
On Mon, Feb 9, 2015 at 12:23 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Contrast this trustee's 10% + 1% + .1% + .01% + .001% etc with
attorneys' internal payments for work done to get payments: fee
apps.
Attorneys are allowed to bill for time required to complete
fee apps, but not allowed to bill for work not yet done. This means (as thebench has instructed me), that we can charge for every fee app except the
present one, since work on it is not completed at time of filing it.
Thus,unless we do fee apps to continue to get paidfor completing fee
apps, means in cases where there is only one fee app, we don't get paid to do
fee apps.
Hale
From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com] Sent: Friday, February 06, 2015 1:53
PMTo: CDCBAA List ServeSubject: Re: [cdcbaa] Current
percentage for compensation of Chapter 13 Trustees
Their fees though, are 100/9 % or 11.111111% (to infinity) of the
amount distributed. Not sure if this is the # you were looking for.
Sincerely,
Michael
Avanesian, Esq.AVANESIAN LAW
FIRM101 N. Brand Blvd., PH
1920Glendale, California
91203Tel: 818.276.2477
Fax: 818.208.4550
On Fri, Feb 6, 2015 at 1:38 PM, mitnicklaw@aol.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
California


CAC
Central
District of California
4.5%


CAE
Eastern
District of California
4.3%


CAN
Northern
District of California
6.1%


CAS
Southern
District of California
5.6%From the UST website re admin
expense for chapter 13.

Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503

The post was migrated from Yahoo.

Hi Michael,
What services are you referring to that chapter 13 attorneys can charge for
but chapter 11 attorneys cannot?
On Feb 9, 2015 1:15 PM, "Michael Avanesian michael@avanesianlaw.com
[cdcbaa]" wrote:
>
>
> Hi Hale. I have never filed a Chapter 13 case but since Chapter 13
> attorneys are allowed to be paid for things that Chapter 11 attorneys are
> not allowed to be paid for, I would think the Court would be more lenient
> with Chapter 13 debtor attorneys. You should estimate fees for preparing
> the final fee app including time at the hearing and present it to the
> Court. I would present it as a cost saving measure to save the debtor and
> the estate money but that you would be happy to file a subsequent fee
> application if that way would please the Court.
>
> If you prefer a nonconfrontational means of achieving a similar result,
> you can calculate your loss and make up for it. Say on average you lose
> $750 for that final fee app and it takes you, on average, 25 hours to
> complete a Chapter 13 case. Then 750/25 $30 per hour you've lost. If you
> increase your hourly rate by $30, you will recoup your fees.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
>
> On Mon, Feb 9, 2015 at 12:23 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> Contrast this trustee's 10% + 1% + .1% + .01% + .001% etc with
>> attorneys' internal payments for work done to get payments: fee apps.
>>
>> Attorneys are allowed to bill for time required to complete fee apps, but
>> not allowed to bill for work not yet done. This means (as the bench has
>> instructed me), that we can charge for every fee app except the present
>> one, since work on it is not completed at time of filing it. Thus, unless
>> we do fee apps to continue to get paid for completing fee apps, means in
>> cases where there is only one fee app, we don't get paid to do fee apps.
>>
>> Hale
>> ------------------------------
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
>> *Sent:* Friday, February 06, 2015 1:53 PM
>> *To:* CDCBAA List Serve
>>
>> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter
>> 13 Trustees
>>
>>
>>
>> Their fees though, are 100/9 % or 11.111111% (to infinity) of the amount
>> distributed. Not sure if this is the # you were looking for.
>>
>>
>> Sincerely,
>>
>>
>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>>
>> On Fri, Feb 6, 2015 at 1:38 PM, mitnicklaw@aol.com [cdcbaa] > cdcbaa@yahoogroups.com> wrote:
>>
>>>
>>>
>>> *California* CAC Central District of California 4.5% CAE Eastern
>>> District of California 4.3% CAN Northern District of California 6.1%
>>> CAS Southern District of California 5.6%
>>> From the UST website re admin expense for chapter 13.
>>>
>>> Law Office of Eric Alan Mitnick
>>> 21515 Hawthorne Boulevard, Ste. 1080
>>> Torrance, California 90503
>>> (310) 792-5864; 792-5866 (fax)
>>> MitnickLaw@aol.com
>>>
>>> Although this email and any attachments are believed to be free of any
>>> virus or other defect that might affect any computer system into which it
>>> is received and opened, it is the responsibility of the recipient to ensure
>>> that it is virus free and no responsibility is accepted by the sender for
>>> any loss or damage arising in any way from its use.
>>>
>>> *The information contained in this email message and any attached files
>>> may be privileged, confidential and protected from disclosure. If you are
>>> not the intended recipient, any dissemination, distribution or copying is
>>> strictly prohibited. If you think that you have received this email message
>>> in error, please notify the sender by reply email, and delete the email
>>> message you received and all of the attached files.*
>>>
>>> ****NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL****
>>>
>>>
>>> -----Original Message-----
>>> cdcbaa@yahoogroups.com>
>>> To: cdcbaa
>>> Sent: Fri, Feb 6, 2015 1:32 pm
>>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13
>>> Trustees
>>>
>>>
>>> Are you talking about the percentage that the trustee takes on
>>> chapter 13 plans, or their personal compensation?
>>>
>>> Vernon L. Ellicott, Esq.
>>> Certified Family Law Specialist
>>> California State Bar Board of Legal Specialization
>>> Family Law, Bankruptcy, and Estate Planning
>>> Law Offices of Vernon L. Ellicott
>>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd.,
>>> Suite 411
>>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>>> (805) 446-6262 (661)
>>> 222-2922
>>> (805) 446-6264 Fax
>>>
>>>
>>> This e-mail transmission and any documents, files, or previous e-mail
>>> messages attached to it, may contain confidential information from the LAW
>>> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
>>> the intended recipient, or a person responsible for delivering it to the
>>> intended recipient, you are hereby notified that any disclosure, copying,
>>> distribution or use of any of the information contained in or attached to
>>> this message is STRICTLY PROHIBITED. If you received this transmission in
>>> error, please immediately notify us by reply e-mail, or by telephone at (805)
>>> 446-6262 , and destroy the original transmission
>>> and its attachments and all copies of any kind, without reading them or
>>> saving them in any way. Thank you.
>>>
>>> *A bad day on the bike is better than a good day on the golf course!*
>>>
>>>
>>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
>>> ]
>>> *Sent:* Friday, February 06, 2015 1:16 PM
>>> *To:* cdcbaa@yahoogroups.com
>>> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter
>>> 13 Trustees
>>>
>>> I believe that it is about 4.5%.
>>> Law Office of Eric Alan Mitnick
>>> 21515 Hawthorne Boulevard, Ste. 1080
>>> Torrance, California 90503
>>> (310) 792-5864 ; 792-5866 (fax)
>>> MitnickLaw@aol.com
>>>
>>> Although this email and any attachments are believed to be free of any
>>> virus or other defect that might affect any computer system into which it
>>> is received and opened, it is the responsibility of the recipient to ensure
>>> that it is virus free and no responsibility is accepted by the sender for
>>> any loss or damage arising in any way from its use.
>>>
>>> *The information contained in this email message and any attached files
>>> may be privileged, confidential and protected from disclosure. If you are
>>> not the intended recipient, any dissemination, distribution or copying is
>>> strictly prohibited. If you think that you have received this email message
>>> in error, please notify the sender by reply email, and delete the email
>>> message you received and all of the attached files.*
>>>
>>> ****NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL****
>>>
>>> -----Original Message-----
>>> cdcbaa@yahoogroups.com>
>>> To: cdcbaa
>>> Sent: Fri, Feb 6, 2015 1:08 pm
>>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13
>>> Trustees
>>>
>>> Has it changed recently? If not, it is 11%
>>>
>>> Vernon L. Ellicott, Esq.
>>> Certified Family Law Specialist
>>> California State Bar Board of Legal Specialization
>>> Family Law, Bankruptcy, and Estate Planning
>>> Law Offices of Vernon L. Ellicott
>>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd.,
>>> Suite 411
>>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>>> (805) 446-6262 (661)
>>> 222-2922
>>> (805) 446-6264 Fax
>>>
>>>
>>> This e-mail transmission and any documents, files, or previous e-mail
>>> messages attached to it, may contain confidential information from the LAW
>>> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
>>> the intended recipient, or a person responsible for delivering it to the
>>> intended recipient, you are hereby notified that any disclosure, copying,
>>> distribution or use of any of the information contained in or attached to
>>> this message is STRICTLY PROHIBITED. If you received this transmission in
>>> error, please immediately notify us by reply e-mail, or by telephone at (805)
>>> 446-6262, and destroy the original transmission and its attachments and
>>> all copies of any kind, without reading them or saving them in any way.
>>> Thank you.
>>>
>>> *A bad day on the bike is better than a good day on the golf course!*
>>>
>>>
>>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
>>> ]
>>> *Sent:* Friday, February 06, 2015 12:18 PM
>>> *To:* cdcbaa@yahoogroups.com
>>> *Subject:* [cdcbaa] Current percentage for compensation of Chapter 13
>>> Trustees
>>>
>>>
>>> Would anybody happen to know the exact percentage to which Chapter
>>> 13 Trustees are entitled right now?
>>>
>>> --
>>> Giovanni Orantes, Esq.*
>>> Orantes Law Firm, P.C.
>>> 3435 Wilshire Blvd. Suite 2920
>>> Los Angeles, CA 90010
>>> Tel: (213) 389-4362
>>> Fax: (877) 789-5776
>>> e-mail: go@gobklaw.com
>>> website: www.gobklaw.com
>>> *Board Certified - Business Bankruptcy Law - American Board of
>>> Certification
>>> *Board Certified - Consumer Bankruptcy Law - American Board of
>>> Certification
>>> Commercial Litigation
>>> Estate Planning
>>> Outside General Counsel
>>>
>>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>>
>>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
>>> BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>>
>>>
>>
>
>
Hi Michael,
What services are you referring to that chapter 13 attorneys can charge for but chapter 11 attorneys cannot?
On Feb 9, 2015 1:15 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
Hi Hale. I have never filed a Chapter 13 case but since Chapter 13 attorneys are allowed to be paid for things that Chapter 11 attorneys are not allowed to be paid for, I would think the Court would be more lenient with Chapter 13 debtor attorneys. You should estimate fees for preparing the final fee app including time at the hearing and present it to the Court. I would present it as a cost saving measure to save the debtor and the estate money but that you would be happy to file a subsequent fee application if that way would please the Court.If you prefer a nonconfrontational means of achieving a similar result, you can calculate your loss and make up for it. Say on average you lose $750 for that final fee app and it takes you, on average, 25 hours to complete a Chapter 13 case. Then 750/25 $30 per hour you've lost. If you increase your hourly rate by $30, you will recoup your fees.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550
On Mon, Feb 9, 2015 at 12:23 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Contrast this trustee's 10% + 1% + .1% + .01% + .001% etc with
attorneys' internal payments for work done to get payments: fee
apps.
Attorneys are allowed to bill for time required to complete
fee apps, but not allowed to bill for work not yet done. This means (as thebench has instructed me), that we can charge for every fee app except the
present one, since work on it is not completed at time of filing it.
Thus,unless we do fee apps to continue to get paidfor completing fee
apps, means in cases where there is only one fee app, we don't get paid to do
fee apps.
Hale
From: cdcbaa@yahoogroups.com
[mailto:cdcbaa@yahoogroups.com] Sent: Friday, February 06, 2015 1:53
PMTo: CDCBAA List ServeSubject: Re: [cdcbaa] Current
percentage for compensation of Chapter 13 Trustees
Their fees though, are 100/9 % or 11.111111% (to infinity) of the
amount distributed. Not sure if this is the # you were looking for.
Sincerely,
Michael
Avanesian, Esq.AVANESIAN LAW
FIRM101 N. Brand Blvd., PH
1920Glendale, California
91203Tel: 818.276.2477
Fax: 818.208.4550
On Fri, Feb 6, 2015 at 1:38 PM, mitnicklaw@aol.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
California


CAC
Central
District of California
4.5%


CAE
Eastern
District of California
4.3%


CAN
Northern
District of California
6.1%


CAS
Southern
District of California
5.6%From the UST website re admin
expense for chapter 13.

Law Office of Eric Alan Mitnick
21515 Hawthorne Boulevard, Ste. 1080
Torrance, California 90503

The post was migrated from Yahoo.

Hi Hale. I have never filed a Chapter 13 case but since Chapter 13
attorneys are allowed to be paid for things that Chapter 11 attorneys are
not allowed to be paid for, I would think the Court would be more lenient
with Chapter 13 debtor attorneys. You should estimate fees for preparing
the final fee app including time at the hearing and present it to the
Court. I would present it as a cost saving measure to save the debtor and
the estate money but that you would be happy to file a subsequent fee
application if that way would please the Court.
If you prefer a nonconfrontational means of achieving a similar result, you
can calculate your loss and make up for it. Say on average you lose $750
for that final fee app and it takes you, on average, 25 hours to complete a
Chapter 13 case. Then 750/25 $30 per hour you've lost. If you increase
your hourly rate by $30, you will recoup your fees.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
On Mon, Feb 9, 2015 at 12:23 PM, 'Hale Andrew Antico' bk.lawyer@gmail.com
[cdcbaa] wrote:
>
>
> Contrast this trustee's 10% + 1% + .1% + .01% + .001% etc with
> attorneys' internal payments for work done to get payments: fee apps.
>
> Attorneys are allowed to bill for time required to complete fee apps, but
> not allowed to bill for work not yet done. This means (as the bench has
> instructed me), that we can charge for every fee app except the present
> one, since work on it is not completed at time of filing it. Thus, unless
> we do fee apps to continue to get paid for completing fee apps, means in
> cases where there is only one fee app, we don't get paid to do fee apps.
>
> Hale
> ------------------------------
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Friday, February 06, 2015 1:53 PM
> *To:* CDCBAA List Serve
>
> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter 13
> Trustees
>
>
>
> Their fees though, are 100/9 % or 11.111111% (to infinity) of the amount
> distributed. Not sure if this is the # you were looking for.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
>
> On Fri, Feb 6, 2015 at 1:38 PM, mitnicklaw@aol.com [cdcbaa] cdcbaa@yahoogroups.com> wrote:
>
>>
>>
>> *California* CAC Central District of California 4.5% CAE Eastern
>> District of California 4.3% CAN Northern District of California 6.1%
>> CAS Southern District of California 5.6%
>> From the UST website re admin expense for chapter 13.
>>
>> Law Office of Eric Alan Mitnick
>> 21515 Hawthorne Boulevard, Ste. 1080
>> Torrance, California 90503
>> (310) 792-5864; 792-5866 (fax)
>> MitnickLaw@aol.com
>>
>> Although this email and any attachments are believed to be free of any
>> virus or other defect that might affect any computer system into which it
>> is received and opened, it is the responsibility of the recipient to ensure
>> that it is virus free and no responsibility is accepted by the sender for
>> any loss or damage arising in any way from its use.
>>
>> *The information contained in this email message and any attached files
>> may be privileged, confidential and protected from disclosure. If you are
>> not the intended recipient, any dissemination, distribution or copying is
>> strictly prohibited. If you think that you have received this email message
>> in error, please notify the sender by reply email, and delete the email
>> message you received and all of the attached files.*
>>
>> ****NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL****
>>
>>
>> -----Original Message-----
>> cdcbaa@yahoogroups.com>
>> To: cdcbaa
>> Sent: Fri, Feb 6, 2015 1:32 pm
>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13
>> Trustees
>>
>>
>> Are you talking about the percentage that the trustee takes on chapter
>> 13 plans, or their personal compensation?
>>
>> Vernon L. Ellicott, Esq.
>> Certified Family Law Specialist
>> California State Bar Board of Legal Specialization
>> Family Law, Bankruptcy, and Estate Planning
>> Law Offices of Vernon L. Ellicott
>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd.,
>> Suite 411
>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>> (805) 446-6262 (661)
>> 222-2922
>> (805) 446-6264 Fax
>>
>>
>> This e-mail transmission and any documents, files, or previous e-mail
>> messages attached to it, may contain confidential information from the LAW
>> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
>> the intended recipient, or a person responsible for delivering it to the
>> intended recipient, you are hereby notified that any disclosure, copying,
>> distribution or use of any of the information contained in or attached to
>> this message is STRICTLY PROHIBITED. If you received this transmission in
>> error, please immediately notify us by reply e-mail, or by telephone at (805)
>> 446-6262 , and destroy the original transmission
>> and its attachments and all copies of any kind, without reading them or
>> saving them in any way. Thank you.
>>
>> *A bad day on the bike is better than a good day on the golf course!*
>>
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
>> ]
>> *Sent:* Friday, February 06, 2015 1:16 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter
>> 13 Trustees
>>
>> I believe that it is about 4.5%.
>> Law Office of Eric Alan Mitnick
>> 21515 Hawthorne Boulevard, Ste. 1080
>> Torrance, California 90503
>> (310) 792-5864 ; 792-5866 (fax)
>> MitnickLaw@aol.com
>>
>> Although this email and any attachments are believed to be free of any
>> virus or other defect that might affect any computer system into which it
>> is received and opened, it is the responsibility of the recipient to ensure
>> that it is virus free and no responsibility is accepted by the sender for
>> any loss or damage arising in any way from its use.
>>
>> *The information contained in this email message and any attached files
>> may be privileged, confidential and protected from disclosure. If you are
>> not the intended recipient, any dissemination, distribution or copying is
>> strictly prohibited. If you think that you have received this email message
>> in error, please notify the sender by reply email, and delete the email
>> message you received and all of the attached files.*
>>
>> ****NOTICE OF EX PARTE HEARINGS WILL NOT BE ACCEPTED BY EMAIL****
>>
>> -----Original Message-----
>> cdcbaa@yahoogroups.com>
>> To: cdcbaa
>> Sent: Fri, Feb 6, 2015 1:08 pm
>> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13
>> Trustees
>>
>> Has it changed recently? If not, it is 11%
>>
>> Vernon L. Ellicott, Esq.
>> Certified Family Law Specialist
>> California State Bar Board of Legal Specialization
>> Family Law, Bankruptcy, and Estate Planning
>> Law Offices of Vernon L. Ellicott
>> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd.,
>> Suite 411
>> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>> (805) 446-6262 (661)
>> 222-2922
>> (805) 446-6264 Fax
>>
>>
>> This e-mail transmission and any documents, files, or previous e-mail
>> messages attached to it, may contain confidential information from the LAW
>> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
>> the intended recipient, or a person responsible for delivering it to the
>> intended recipient, you are hereby notified that any disclosure, copying,
>> distribution or use of any of the information contained in or attached to
>> this message is STRICTLY PROHIBITED. If you received this transmission in
>> error, please immediately notify us by reply e-mail, or by telephone at (805)
>> 446-6262, and destroy the original transmission and its attachments and
>> all copies of any kind, without reading them or saving them in any way.
>> Thank you.
>>
>> *A bad day on the bike is better than a good day on the golf course!*
>>
>>
>> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
>> ]
>> *Sent:* Friday, February 06, 2015 12:18 PM
>> *To:* cdcbaa@yahoogroups.com
>> *Subject:* [cdcbaa] Current percentage for compensation of Chapter 13
>> Trustees
>>
>>
>> Would anybody happen to know the exact percentage to which Chapter 13
>> Trustees are entitled right now?
>>
>> --
>> Giovanni Orantes, Esq.*
>> Orantes Law Firm, P.C.
>> 3435 Wilshire Blvd. Suite 2920
>> Los Angeles, CA 90010
>> Tel: (213) 389-4362
>> Fax: (877) 789-5776
>> e-mail: go@gobklaw.com
>> website: www.gobklaw.com
>> *Board Certified - Business Bankruptcy Law - American Board of
>> Certification
>> *Board Certified - Consumer Bankruptcy Law - American Board of
>> Certification
>> Commercial Litigation
>> Estate Planning
>> Outside General Counsel
>>
>> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>>
>> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN
>> BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>>
>>
>
>
Hi Hale. I have never filed a Chapter 13 case but since Chapter 13 attorneys are allowed to be paid for things that Chapter 11 attorneys are not allowed to be paid for, I would think the Court would be more lenient with Chapter 13 debtor attorneys. You should estimate fees for preparing the final fee app including time at the hearing and present it to the Court. I would present it as a cost saving measure to save the debtor and the estate money but that you would be happy to file a subsequent fee application if that way would please the Court.If you prefer a nonconfrontational means of achieving a similar result, you can calculate your loss and make up for it. Say on average you lose $750 for that final fee app and it takes you, on average, 25 hours to complete a Chapter 13 case. Then 750/25 $30 per hour you've lost. If you increase your hourly rate by $30, you will recoup your fees.
The post was migrated from Yahoo.

charset="koi8-r"
Contrast this trustee's 10% + 1% + .1% + .01% + .001% etc with attorneys'
internal payments for work done to get payments: fee apps.
Attorneys are allowed to bill for time required to complete fee apps, but
not allowed to bill for work not yet done. This means (as the bench has
instructed me), that we can charge for every fee app except the present one,
since work on it is not completed at time of filing it. Thus, unless we do
fee apps to continue to get paid for completing fee apps, means in cases
where there is only one fee app, we don't get paid to do fee apps.
Hale
_____

The post was migrated from Yahoo.

That is correct, she gets paid for paying herself, and also paid for paying
herself for paying herself and so on. That's why it's 11.111111...%
In other words: 10% + 1% + .1% + .01% + .001% etc.
A typical calculation is as follows: suppose plan payments equal $60,000.
The Trustee will keep 10% for herself. So it's 54k paid to creditors 6k
paid to herself.
6k is 10% of 60k.
6k is 11.1% of 54k.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
On Sat, Feb 7, 2015 at 5:08 PM, 'Steven B. Lever' sblever@leverlaw.com
[cdcbaa] wrote:
>
>
> So youre saying its 10 on 10. In other words, since shes paying
> herself 10% and making a distribution that is also eligible for the 10% it
> winds up to be 11%? So she gets paid for paying herself.
>
>
>
> Steven B. Lever
>
>
>
>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Saturday, February 07, 2015 4:43 PM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter 13
> Trustees
>
>
>
>
>
> The 11% of the amount paid to creditors equals 10% of the money paid in by
> the debtor. Hence if $100,000 is being paid to the creditors the chapter
> 13 trustee's fee is $11,111.11 which is 10% of the $111,111.10 paid through
> the plan by the debtor.
>
>
>
> Mark Jessee
>
> Sent from my iPhone
>
>
> On Feb 7, 2015, at 12:28 PM, Nicholas Gebelt ngebelt@gebeltlaw.com
> [cdcbaa] wrote:
>
>
>
> Dear Mark,
>
>
>
> I have wondered how the 11% Chapter 13 Trustee fee can be reconciled with
>
> 28 U.S.C. 586(e)(B)(i), which puts a ten percent maximum on Chapter 13
> Trustee fees. I haven't made an issue of it because I don't want to
> alienate the people with whom I regularly work, but do note that the
> statute must take precedence over any local rules.
>
>
>
> I once used the ten percent statutory value in calculating the Chapter 13
> Trustee fee portion of the payout in a motion to modify - I included the
> statutory reference in the motion - without getting an objection.
>
>
>
> It is unclear to me why the 11% value is used in spite of the statutory
> provision.
>
>
>
> All the best,
>
>
>
> Nick
>
>
>
>
>
> *Nicholas Gebelt*
>
>
>
> Nicholas Gebelt, Ph.D., J.D.
>
> Attorney at Law
>
> Certified Bankruptcy Law Specialist
>
>
>
> [image: Description: Description: Description:
> cid:image003.jpg@01CC076B.B14D73C0]
>
>
>
> Law Offices of Nicholas Gebelt
>
> 15150 Hornell Street
>
> Whittier, CA 90604
>
> Phone: 562.777.9159
>
> FAX: 562.946.1365
>
> Email: ngebelt@goodbye2debt.com; ngebelt@gebeltlaw.com
>
> Web: www.goodbye2debt.com
>
> Blog: www.southerncaliforniabankruptcylawblog.com/
>
>
>
> *Important notice required by 11 U.S.C. 528:* We are a debt relief
> agency. We help people file for bankruptcy relief under the Bankruptcy Code.
>
>
>
> *Confidentiality Note*: This e-mail is intended only for the person or
> entity to which it is addressed and may contain information that is
> privileged, confidential, or otherwise protected from disclosure.
> Dissemination, distribution, or copying of this e-mail or the information
> herein by anyone other than the intended recipient, or an employee or agent
> responsible for delivering the message to the intended recipient, is
> prohibited. If you have received this e-mail in error, please notify us
> immediately at 562.777.9159 or e-mail info@gebeltlaw.com and destroy the
> original message and all copies.
>
>
>
> *Representation Note*: If you have not signed a contract of
> representation, the Law Offices of Nicholas Gebelt do not represent you,
> and this email does not contain any legal advice for you.
>
>
>
> *IRS Circular 230 Disclosure: *In order to comply with the requirements
> imposed by the Internal Revenue Service, we inform you that any U.S. tax
> advice contained in this communication (including any attachments) is not
> intended to be used, and cannot be used, for the purpose of (i) avoiding
> penalties under the Internal Revenue code, or (ii) promoting, marketing, or
> recommending to another party any transaction or matter addressed herein.
> ------------------------------
>
> *From:* cdcbaa@yahoogroups.com [cdcbaa@yahoogroups.com]
> *Sent:* Friday, February 06, 2015 4:02 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter 13
> Trustees
>
>
>
> Vernon,
>
>
>
> The local chapter 13 form plan always has us factor 11% for the chapter 13
> trustee compensation. Each chapter 13 trustee's percentage for compensation
> is different and dependent on dollar amounts received from debtors. It
> fluctuates because there's a maximum That the chapter 13 trustee and earn
> in any given year.
>
> this conveniently leaves a little cushion that can be applied towards
> debtor' attorneys extraordinary fees.
>
>
>
> Mark Jessee
>
>
>
> Sent from my iPhone
>
>
> On Feb 6, 2015, at 1:32 PM, 'Vernon L. Ellicott, Esq.' vle@vlelaw.com
> [cdcbaa] wrote:
>
>
>
> Are you talking about the percentage that the trustee takes on chapter 13
> plans, or their personal compensation?
>
>
>
> Vernon L. Ellicott, Esq.
>
> Certified Family Law Specialist
>
> California State Bar Board of Legal Specialization
>
> Family Law, Bankruptcy, and Estate Planning
>
> Law Offices of Vernon L. Ellicott
>
> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite
> 411
>
> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
>
> (805) 446-6262 (661) 222-2922
>
> (805) 446-6264 Fax
>
>
>
>
>
> This e-mail transmission and any documents, files, or previous e-mail
> messages attached to it, may contain confidential information from the LAW
> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
> the intended recipient, or a person responsible for delivering it to the
> intended recipient, you are hereby notified that any disclosure, copying,
> distribution or use of any of the information contained in or attached to
> this message is STRICTLY PROHIBITED. If you received this transmission in
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> *A bad day on the bike is better than a good day on the golf course!*
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>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Friday, February 06, 2015 1:16 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] Current percentage for compensation of Chapter 13
> Trustees
>
>
>
> I believe that it is about 4.5%.
>
> Law Office of Eric Alan Mitnick
>
> 21515 Hawthorne Boulevard, Ste. 1080
>
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> (310) 792-5864; 792-5866 (fax)
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> -----Original Message-----
> cdcbaa@yahoogroups.com>
> To: cdcbaa
> Sent: Fri, Feb 6, 2015 1:08 pm
> Subject: RE: [cdcbaa] Current percentage for compensation of Chapter 13
> Trustees
>
>
>
> Has it changed recently? If not, it is 11%
>
>
>
> Vernon L. Ellicott, Esq.
>
> Certified Family Law Specialist
>
> California State Bar Board of Legal Specialization
>
> Family Law, Bankruptcy, and Estate Planning
>
> Law Offices of Vernon L. Ellicott
>
> 325 E. Hillcrest Drive, Suite 150 23929 Valencia Blvd., Suite
> 411
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> Thousand Oaks, CA 91360-7799 Valencia, CA 91355
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> (805) 446-6262 (661) 222-2922
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> This e-mail transmission and any documents, files, or previous e-mail
> messages attached to it, may contain confidential information from the LAW
> OFFICES OF VERNON L. ELLICOTT that is legally privileged. If you are not
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> *A bad day on the bike is better than a good day on the golf course!*
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>
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com
> ]
> *Sent:* Friday, February 06, 2015 12:18 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] Current percentage for compensation of Chapter 13
> Trustees
>
>
>
>
>
> Would anybody happen to know the exact percentage to which Chapter 13
> Trustees are entitled right now?
>
>
>
> --
>
> Giovanni Orantes, Esq.*
>
> Orantes Law Firm, P.C.
> 3435 Wilshire Blvd. Suite 2920
> Los Angeles, CA 90010
> Tel: (213) 389-4362
> Fax: (877) 789-5776
> e-mail: go@gobklaw.com
> website: www.gobklaw.com
>
> *Board Certified - Business Bankruptcy Law - American Board of
> Certification
>
> *Board Certified - Consumer Bankruptcy Law - American Board of
> Certification
>
> Commercial Litigation
>
> Estate Planning
>
> Outside General Counsel
>
>
>
> WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
>
> SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
> AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
>
>
>
That is correct, she gets paid for paying herself, and als
The post was migrated from Yahoo.

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California
CAC
Central District of California
4.5%
CAE
Eastern District of California
4.3%
CAN
Northern District of California
6.1%
CAS
Southern District of California
5.6%

The post was migrated from Yahoo.

Would anybody happen to know the exact percentage to which Chapter 13
Trustees are entitled right now?
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Would anybody happen to know the exact percentage to which Chapter 13 Trustees are entitled right now?-- Giovanni Orantes, Esq.*Orantes Law Firm, P.C.3435 Wilshire Blvd. Suite 2920Los Angeles, CA 90010Tel: (213) 389-4362Fax: (877) 789-5776e-mail: go@gobklaw.comwebsite: www.gobklaw.com*Board Certified - Business Bankruptcy Law - American Board of Certification*Board Certified - Consumer Bankruptcy Law - American Board of CertificationCommercial LitigationEstate PlanningOutside General CounselWE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.

The post was migrated from Yahoo.