It is an option, but I do not think the attorney can require payment up
front for additional services in a 13. At least not after filing the
case. There is no limited scope of appearance in a chapter 13. The
attorney must represent the debtor in needed additional services, if
the case is still feasible. Can't just refuse to object to proof of
claim or oppose relief from stay because client can't pay an additional
retainer. Need to pursue supplemental fees through plan if client
can't pay up front. Besides client should not have any extra money in
a 13 to pay a retainer since all disposable income is to go into plan.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
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Thousand Oaks, CA 91360
(805) 497-5868 (805) 497-5864 (Facsimile)
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On Tue, 26 Jun 2012 22:24:49 -0400, "Leventhal Law Group, P.C."
wrote:
Yes, you are correct. Although I have it come from plan
payments if their is enough in the plan.
>
> Jonathan Leventhal, esq.Leventhal Law Group, P.C.
> 818-347-5800
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> On Jun 26, 2012, at 7:19 PM, "Kirk Brennan" wrote:
>
> Would someone please confirm that post-confirmation in a
> chapter 13 case, the attorney can require a retainer from the client
> for additional services provided such funds are deposited into the
> attorney's trust account until a supplemental fee app is approved?
> That is my reading of the RARA (Rights and Responsibilities Agreement).
>
> Thanks
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> -- Kirk Brennan, esq.
> California Law Office, P.C.
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