What do you do.....
Posted: Thu Oct 18, 2012 1:37 pm
The facts indicate that the Debtor paid into the Plan and upon dismissal
prior to confirmation, the Trustees will usually pay out the RARA fees to
the attorney, take their admin fees and return the remainder to the
Debtor. She gets the bear here.
On Thu, Oct 18, 2012 at 11:47 AM, Cameron Totten wrote:
> **
>
>
> True. Its collecting the full fee for the prior bk that might be
> problematic. Nevertheless, my point is only that these are the kind of
> situations in which, e.g., clients go to another attorney who is outraged
> that the prior attorney charged so much and then files a motion to get back
> the fees (and pay his fees with it). ****
>
> ** **
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Jay Fleischman
> *Sent:* Thursday, October 18, 2012 11:25 AM
>
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] What do you do.....****
>
> ** **
>
> ****
>
> I hardly think that charging a fee for a second round of representation is
> grounds for disgorgement, Cameron. If the client were to go elsewhere, he
> or she would pay full freight to a new lawyer.****
>
> On Thu, Oct 18, 2012 at 11:20 AM, Cameron Totten
> wrote:****
>
> ****
>
> Because you dont want to be sued, disgorged, sanctioned, state bar
> complaint, tires slashed, etc. J Gray area. Tie goes against the
> lawyer.****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Jay Fleischman
> *Sent:* Thursday, October 18, 2012 9:43 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] What do you do.....****
>
> ****
>
> ****
>
> Why would you effectively charge half price for two Chapter 13 bankruptcy
> filings?****
>
> On Thu, Oct 18, 2012 at 9:29 AM, Larry Simons
> wrote:****
>
> ****
>
> New case, new retainer, new fee. Prior case was dismissed through no
> fault of your own.****
>
> ****
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *R Grace Rodriguez
> *Sent:* Thursday, October 18, 2012 9:26 AM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* [cdcbaa] What do you do.....****
>
> ****
>
> ****
>
> Scenario:****
>
> ****
>
> Debtor files for bankruptcy and you use a RARA****
>
> ****
>
> Case is just about ready for confirmation just need to show proof of
> mortgage and plan payments. ****
>
> ****
>
> Confirmation hearing comes debtor has no money.****
>
> ****
>
> Case has to be dismissed for lack of funds.****
>
> ****
>
> BUT by this point debtor has paid enough into the Plan that you will get
> paid the balance of your fees for the case even though you didn't have to
> see the case to the end.****
>
> ****
>
> Client comes back, rented out a room or spouse got a new job and wants to
> refile.****
>
> ****
>
> QUESTION: Do you charge them all over for a new bankruptcy? Do you apply
> any of the money you got from Trustee to their new filing? What is the
> proper way to handle?
> ****
>
> ****
>
> --
> R. Grace Rodriguez, Esq.
> OFF: (818) 734-7223
> CEL: (818) 554-9922
>
> NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
> for ex parte Applications via voicemail or by email. You must comply with
> California Law and give notice to a person in my office during regular
> business hours.
>
> CONFIDENTIALITY STATEMENT: This message contains privileged and
> confidential information and is intended only for the individual named. If
> you are not the intended recipient you should not disseminate, distribute,
> store, print, copy or deliver this message. Please notify the sender
> immediately by e-mail if you have received this e-mail by mistake and
> delete this e-mail from your system.****
>
> ****
>
> ** **
>
> ****
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Office:*
5150 Candlewood Street, Suite 17F
Lakewood, CA 90712
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email: attorneychristine@gmail.com
Web: www.attorneychristine.com
Blog: www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE 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 contained
in 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.)
The facts indicate that the Debtor paid into the Plan and upon dismissal prior to confirmation, the Trustees will usually pay out the RARA fees to the attorney, take their admin fees and return the remainder to the Debtor. She gets the bear here.
On Thu, Oct 18, 2012 at 11:47 AM, Cameron Totten <tottenlaw@sbcglobal.net> wrote:
True. Its collecting the full fee for the prior bk that might be problematic. Nevertheless, my point is only that these are the kind of situations in which, e.g., clients go to another attorney who is ion to get back the fees (and pay his fees with it).
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Jay Fleischman
Sent: Thursday, October 18, 2012 11:25 AM
The post was migrated from Yahoo.