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[CAMFFG] post-confirmation 13 debtor is representing himself,
He has unsecured debts that he needs to discharge. That was the reason why
he went to a bankruptcy lawyer initially. They lawyer filed 7 for him,
then converted him to 13, and after getting her fees abandoned him. He is
stuck in a 13 which he does not need.
On Mon, Jun 4, 2012 at 9:06 PM, PHiLiP KOeBeL wrote:
> **
>
>
>
> why does he want to be in a C7?
>
> if he stops making the C13 plan payments, his case will get dismissed and
> he will save up money to pay you.
>
>
> On Mon, Jun 4, 2012 at 6:55 PM, Alik Segal wrote:
>
>> **
>>
>>
>> Mates,
>>
>> A post-confirmation chapter 13 debtor is representing himself. He wants
>> to hire me to convert him to 7.
>>
>> If he comes to me for consultation and pays me, say, $500 to analyze this
>> situation, what are my obligations?
>> 1. I probably need to file a Rule 2016 statement (disclosing the
>> amount of money I received from any source for services rendered to debtor).
>> 2. Since $ is coming from the debtor, ordinarily, I would need to
>> apply for appointment and then apply for approval of my fees. However, it
>> seems that, just to advise an unrepresented debtor and get $500, such an
>> involved procedure would be excessive.
>> 3. If I don't need to be appointed, does that money ($500 for
>> analyzing his situation) need to go to a trust account, and if so, until
>> when? until it is fully earned?
>> 4. The local mandatory 13 plan in CD Cal does not allow 13 debtors to
>> borrow over $500 without court permission. Can I do more than $500 worth
>> of legal services for him on credit? Ordinarily, a 13 lawyer can do work
>> for the debtor and get paid from the plan. Of course this chapter 7 case
>> is about to covert, so I will not be getting paid from the plan.
>>
>> I want him to pay me some amount, say, $1,000, for the conversion. I'd
>> like to sign a contract and have him pay upfront, not after he is converted
>> to 7.
>> 1. Do I need to apply to be appointed once I sign the fee contract to
>> covert to 7 this this unrepresented debtor?
>> 2. He has initially filed a chapter 7, then he converted to 13. This
>> means he cannot convert to 7 as of right, and needs to bring a motion. If
>> UST or 13T objects, there might be some litigation. In this situation, the
>> ultimate amount expended to obtain an order converting case to 7 is
>> unknown. Debtor does not have a litigation war chest full of cash. If a
>> substantial amount of work needs to be done, how can I get paid for this.
>> If he was staying in chapter 13, I could collect through the plan as an
>> administrative creditor. However, here, as soon as the amount of debt for
>> legal services provided becomes known, he will file chapter 7 and discharge
>> this debt. Any suggestions?
>>
>>
>>
>> --
>> Alik Segal
>> Alik.Segal@gmail.com
>> 310-362-6157
>> California Central District
>>
>>
>
>
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
He has unsecured debts that he needs to discharge. That was the reason why he went to a bankruptcy lawyer initially. They lawyer filed 7 for him, then converted him to 13, and after getting her fees abandoned him. He is stuck in a 13 which he does not need.
On Mon, Jun 4, 2012 at 9:06 PM, PHiLiP KOeBeL <pkoebel@gmail.com> wrote:
why does he want to be in a C7?if he stops making the C13 plan payments, his case will get dismissed and he will save up money to pay you.On Mon, Jun 4, 2012 at 6:55 PM, Alik Segal <listserv.inbox@gmail.com> wrote:
Mates,A post-confirmation chapter 13 debtor is representing himself. He wants to hire me to convert him to 7. If he comes to me for consultation and pays me, say, $500 to analyze this situation, what are my obligations?
1. I probably need to file a Rule 2016 statement (disclosing the amount of money I received from any source for services rendered to debtor). 2. Since $ is coming from the debtor, ordinarily, I would need to apply for appointment and then apply for approval of my fees. 500, such an involved procedure would be excessive.
3. If I don't need to be appointed, does that money ($500 for analyzing his situation) need to go to a trust account, and if so, until when? until it is fully earned? 4. The local mandatory 13 plan in CD Cal does not allow 13 debtors to borrow over $500 without court permission. Can I do more than $500 worth of legal services for him on credit? Ordinarily, a 13 lawyer can do work for the debtorand get paid from the plan. Of course this chapter 7 case is about to covert, so I will not be getting paid from the plan.
I want him to pay me some amount, say, $1,000, for the conversion. I'd like to sign a contract and have him pay upfront, not after he is converted to 7. 1. Do I need to apply to be appointed once I sign the fee contract to covert to 7 this this unrepresented debtor?
2. He has initially filed a chapter 7, then he converted to 13. This means he cannot convert to 7 as of right, and needs to bring a motion.If UST or 13T objects, there might be some litigation.In this situation, the ultimate amount expended to obtain an order converting case to 7 is unknown. Debtor does not have a litigation war chest full of cash. If a substantial amount of work needs to be done, how can I get paid for this. If he was staying in chapter 13, I could collect through the plan as an administrative creditor. However, here, as soon as the amount of debt for legal services provided becomes known, he will file chapter 7 and discharge this debt. Any suggestions?
-- Alik SegalAlik.Segal@gmail.com310-362-6157
California Central District
-- Alik SegalAlik.Segal@gmail.com310-362-6157California Central District
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