stipulaton for settlement
Posted: Mon May 05, 2014 9:25 am
Michael,
1303 and 1304 give the debtor certain rights and powers regarding assets of the estate. Hiring special counsel isn't a problem, but payment of special counsel's attorney's fees and costsrequires court approval and modification of the plan if payment will come from the estate.
Rule 9019 must be followed when the settlement affects the estate.
Peter
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
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On Saturday, May 3, 2014 4:06 PM, Michael Avanesian wrote:
I apologize ahead of time if theoretical discussions are inappropriate.
I noticed that earlier Jay Fleischman was told he didn't have to employ a workers comp attorney, nor obtain approval of the settlement, nor modify the Chapter 13 Plan (understandable since everything was exempt).
Now Stella asked if she should move for a motion under 9019 for approval of a financing transaction and the answer looks like it's "No, unless title company wants you to."
In a Chapter 11, any of the above would be met with heavy scrutiny and would be required for obvious reasons.
My question is if Stella decided to file a 9019 motion, what authority does she have to do so? I thought 9019 was limited to the Trustee (and trustee clones).
If the answer is that "this is just how it's done in the Chapter 13 world," is there a book that someone can recommend for me to read to catch up on the development of Chapter 13 practice? I just want to broaden my theoretical understanding.
Sincerely,
Michael Avanesian
On Sat, May 3, 2014 at 2:16 PM, cdcbaa wrote:
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>depends on what you can get title to approve. i'd try stip first..
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>Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
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>On May 3, 2014, at 11:22 AM, wrote:
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>>I entered into a stipulation for settlement of adversary proceeding in a chapter 13 case which I filed on behalf of debtors. No money is coming to the debtors, it is just a subordination agreement to allow them to refinance their home. Do I need to file a 9019 motion in the main case and serve all the nearly 100 creditors with the motion or is a stipulation in the adversary case sufficient.
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>>Stella
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