Central District Consumer Bankruptcy Attorney's Association

wow. i missed that about Sternberg. isn't Sternberg 9th circuit though?
if appealed, the attorney's fee award won't hold up, then there will be no
"actual" damages and the emotional distress award will fail too.
how can punitives be sustained without any actuals or emotionals?
On Fri, Oct 19, 2012 at 5:50 PM, Jay Fleischman wrote:
> **
>
>
> Agreed. I also found it interesting that the Court awarded legal fees for
> the litigation rather than capping it to the moment up to filing the
> motion, a la Sternberg. That, and the fact that the attorney apparently
> got full fee for his work.
> On Oct 19, 2012 3:37 PM, "PHiLiP E. KOeBeL, Esq."
> wrote:
>
>> **
>>
>> [Attachment(s) from PHiLiP
>> E. KOeBeL, Esq. included below]
>>
>>
>> very inspiring case. thanks for sharing. i like your summary.
>>
>> not that i am complaining, but it's unfortunate that the court did not
>> award "economic damages:"
>>
>> "The court declines to award the damages requested, because Debtors did
>> not show that they attempted to mitigate their damages by arranging
>> alternate means of transportation."
>>
>> in fact, i think that economic damages are a condition precedent for
>> emotional distress damages, but maybe the attorney fees count for that?
>>
>>
>>
>> On Wed, Oct 17, 2012 at 11:21 PM, Jay Fleischman wrote:
>>
>>> **
>>>
>>>
>>> Debtors' counsel was awarded fees and costs totaling $5,032 for
>>> preparing the motion for sanctions and accompanying declarations, for
>>> attending the hearing on the motion, and for preparing the declarations
>>> regarding damages for the hearing. Debtors were awarded $3,000 in
>>> emotional distress and a whopping $10,000 in punitive damages.
>>>
>>> *In re PEDRO ALEXANDER HERNANDEZ-PANAMENO and OLIVIA
>>> HERNANDEZ-PANAMENO, Chapter 13 Case No. 12-30794 TEC (Bankr. N.D.Cal.
>>> October 10, 2012).*
>>>
>>> A brief run-down can be found here:
>>> https://plus.google.com/112665581607752 ... vgTqh63JBf
>>>
>>> -------------
>>> Jay S. Fleischman, Esq.
>>> Shaev & Fleischman, LLP
>>> Smart Solutions To Bill Problems
>>>
>>> T: 626-808-4343 x704
>>> E: jay@sflawca.com
>>>
>>> www.ConsumerHelpCentral.com
>>>
>>> 556 S Fair Oaks Ave Ste 101-152
>>> Pasadena CA 91105-2656
>>>
>>> Email isn't secure, so it's not confidential. By communicating with me
>>> by email, you understand that it's not confidential.
>>>
>>>
>>
>
wow. i missed that about Sternberg. isn't Sternberg 9th circuit though?if appealed, the attorney's fee award won't hold up, then there will be no "actual" damages and the emotional distress award will fail too.
how can punitives be sustained without any actuals or emotionals?On Fri, Oct 19, 2012 at 5:50 PM, Jay Fleischman <bankruptcy@gmail.com> wrote:
Agreed. I also found it interesting that the Court awarded legal fees for the litigation rather than capping it to the moment up to filing the motion, a la Sternberg. That, and the fact that the attorney apparently got full fee for his work.
On Oct 19, 2012 3:37 PM, "PHiLiP E. KOeBeL, Esq." <lawofpek@gmail.com> wrote:
[Attachment(s) from PHiLiP E. KOeBeL, Esq. included below]
very inspiring case. thanks for sharing. i like your summary.not that i am complaining, but it's unfortunate that the court did not award "economic damages:"
"The court declines to award the damages requested, because Debtors did not show that they attempted to mitigate their damages by arranging alternate means of transportation."
in fact, i think that economic damages are a condition precedent for emotional distress damages, but maybe the attorney fees count for that?
On Wed, Oct 17, 2012 at 11:21 PM, Jay Fleischman <bankruptcy@gmail.com> wrote:
Debtors' counsel was awarded fees and costs totaling $5,032 for preparing the motion for sanctions and accompanying declarations, for attending the hearing on the motion, and for preparing the declarations regarding damages for the hearing. Debtors were awarded $3,000 in emotional distress and a whopping $10,000 in punitive damages.
In re PEDRO ALEXANDER HERNANDEZ-PANAMENO and OLIVIA HERNANDEZ-PANAMENO, Chapter 13 Case No. 12-30794 TEC (Bankr. N.D.Cal. October 10, 2012).
A brief run-down can be found here:
The post was migrated from Yahoo.

Agreed. I also found it interesting that the Court awarded legal fees for
the litigation rather than capping it to the moment up to filing the
motion, a la Sternberg. That, and the fact that the attorney apparently
got full fee for his work.
On Oct 19, 2012 3:37 PM, "PHiLiP E. KOeBeL, Esq."
wrote:
> **
>
> [Attachment(s) from PHiLiP E. KOeBeL, Esq.
> included below]
>
>
> very inspiring case. thanks for sharing. i like your summary.
>
> not that i am complaining, but it's unfortunate that the court did not
> award "economic damages:"
>
> "The court declines to award the damages requested, because Debtors did
> not show that they attempted to mitigate their damages by arranging
> alternate means of transportation."
>
> in fact, i think that economic damages are a condition precedent for
> emotional distress damages, but maybe the attorney fees count for that?
>
>
>
> On Wed, Oct 17, 2012 at 11:21 PM, Jay Fleischman wrote:
>
>> **
>>
>>
>> Debtors' counsel was awarded fees and costs totaling $5,032 for preparing
>> the motion for sanctions and accompanying declarations, for attending the
>> hearing on the motion, and for preparing the declarations regarding damages
>> for the hearing. Debtors were awarded $3,000 in emotional distress and a
>> whopping $10,000 in punitive damages.
>>
>> *In re PEDRO ALEXANDER HERNANDEZ-PANAMENO and OLIVIA HERNANDEZ-PANAMENO,
>> Chapter 13 Case No. 12-30794 TEC (Bankr. N.D.Cal. October 10, 2012).*
>>
>> A brief run-down can be found here:
>> https://plus.google.com/112665581607752 ... vgTqh63JBf
>>
>> -------------
>> Jay S. Fleischman, Esq.
>> Shaev & Fleischman, LLP
>> Smart Solutions To Bill Problems
>>
>> T: 626-808-4343 x704
>> E: jay@sflawca.com
>>
>> www.ConsumerHelpCentral.com
>>
>> 556 S Fair Oaks Ave Ste 101-152
>> Pasadena CA 91105-2656
>>
>> Email isn't secure, so it's not confidential. By communicating with me
>> by email, you understand that it's not confidential.
>>
>>
>
>
Agreed. I also found it interesting that the Court awarded legal fees for the litigation rather than capping it to the moment up to filing the motion, a la Sternberg. That, and the fact that the attorney apparently got full fee for his work.
On Oct 19, 2012 3:37 PM, "PHiLiP E. KOeBeL, Esq." <lawofpek@gmail.com> wrote:
[Attachment(s) from PHiLiP E. KOeBeL, Esq. included below]
very inspiring case. thanks for sharing. i like your summary.not that i am complaining, but it's unfortunate that the court did not award "economic damages:"
"The court declines to award the damages requested, because Debtors did not show that they attempted to mitigate their damages by arranging alternate means of transportation."
in fact, i think that economic damages are a condition precedent for emotional distress damages, but maybe the attorney fees count for that?
On Wed, Oct 17, 2012 at 11:21 PM, Jay Fleischman <bankruptcy@gmail.com> wrote:
Debtors' counsel was awarded fees and costs totaling $5,032 for preparing the motion for sanctions and accompanying declarations, for attending the hearing on the motion, and for preparing the declarations regarding damages for the hearing. Debtors were awarded $3,000 in emotional distress and a whopping $10,000 in punitive damages.
In re PEDRO ALEXANDER HERNANDEZ-PANAMENO and OLIVIA HERNANDEZ-PANAMENO, Chapter 13 Case No. 12-30794 TEC (Bankr. N.D.Cal. October 10, 2012).
A brief run-down can be found here:
The post was migrated from Yahoo.

very inspiring case. thanks for sharing. i like your summary.
not that i am complaining, but it's unfortunate that the court did not
award "economic damages:"
"The court declines to award the damages requested, because Debtors did not
show that they attempted to mitigate their damages by arranging alternate
means of transportation."
in fact, i think that economic damages are a condition precedent for
emotional distress damages, but maybe the attorney fees count for that?
On Wed, Oct 17, 2012 at 11:21 PM, Jay Fleischman wrote:
> **
>
>
> Debtors' counsel was awarded fees and costs totaling $5,032 for preparing
> the motion for sanctions and accompanying declarations, for attending the
> hearing on the motion, and for preparing the declarations regarding damages
> for the hearing. Debtors were awarded $3,000 in emotional distress and a
> whopping $10,000 in punitive damages.
>
> *In re PEDRO ALEXANDER HERNANDEZ-PANAMENO and OLIVIA HERNANDEZ-PANAMENO,
> Chapter 13 Case No. 12-30794 TEC (Bankr. N.D.Cal. October 10, 2012).*
>
> A brief run-down can be found here:
> https://plus.google.com/112665581607752 ... vgTqh63JBf
>
> -------------
> Jay S. Fleischman, Esq.
> Shaev & Fleischman, LLP
> Smart Solutions To Bill Problems
>
> T: 626-808-4343 x704
> E: jay@sflawca.com
>
> www.ConsumerHelpCentral.com
>
> 556 S Fair Oaks Ave Ste 101-152
> Pasadena CA 91105-2656
>
> Email isn't secure, so it's not confidential. By communicating with me by
> email, you understand that it's not confidential.
>
>
>
very inspiring case. thanks for sharing. i like your summary.not that i am complaining, but it's unfortunate that the court did not award "economic damages:"
"The court declines to award the damages requested, because Debtors did not show that they attempted to mitigate their damages by arranging alternate means of transportation."
in fact, i think that economic damages are a condition precedent for emotional distress damages, but maybe the attorney fees count for that?
On Wed, Oct 17, 2012 at 11:21 PM, Jay Fleischman <bankruptcy@gmail.com> wrote:
Debtors' counsel was awarded fees and costs totaling $5,032 for preparing the motion for sanctions and accompanying declarations, for attending the hearing on the motion, and for preparing the declarations regarding damages for the hearing. Debtors were awarded $3,000 in emotional distress and a whopping $10,000 in punitive damages.
In re PEDRO ALEXANDER HERNANDEZ-PANAMENO and OLIVIA HERNANDEZ-PANAMENO, Chapter 13 Case No. 12-30794 TEC (Bankr. N.D.Cal. October 10, 2012).
A brief run-down can be found here:
The post was migrated from Yahoo.