.jpg)
If Chapter 11 gets dismissed or converted, can I still
Everyone has their own style.
Regarding Dismissal:
There is a case I am thinking of where one attorney filed the Chapter 11
and received a 20k retainer. Dismissed. Then another attorney filed Chapter
11 and received a 30k retainer. Dismissed. Same attorney filed a 3rd
Chapter 11, Trustee appointed. I believe neither attorney kept any of their
retainer. Imagine being disgorged 20-30k a few years after you've washed
your hands. Motions to open the case to file fee apps denied.
If your purpose for the fee app is to protect your retainer, you can
stipulate with the former client to cut your fees down by 50% or whatever
to get them to agree to the fee app, it's not like you're going after them
for any more money. That should mitigate the risk of a former client
lashing out at you. If the purpose of the fee app is to execute on your
former client's assets, then him lashing out at you is just part I, part II
is his counterclaim/malpractice claim. If this is your m.o., might as well
obtain an order from the Court saying your fees were reasonable! That'll
help in your malpractice claim.
Regarding Conversion:
I need to do my research on what happens if I have a 150k retainer, case is
converted to Chapter 7, Chapter 7 attorney bills 200k and finds no assets.
Is my retainer safe? Do I have to share it pro rata with Trustee counsel?
Or does it all belong to counsel? The Witkin on California law at the
Roybal library is absolutely amazing. I might go in early tomorrow and see
what I can find out.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
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contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Tue, Mar 17, 2015 at 12:43 PM, Kirk Brennan kirkinhermosa@gmail.com
[cdcbaa] wrote:
>
>
> Interesting. Some of the seasoned chapter 11 practitioners I have talked
> to have said they dont file fee apps when the cases get dismissed without
> confirmed plans or get converted to chapter 7. I believe this is because
> of the perceived risk of an opposition from a client who has nothing to
> lose or a trustee in 7 who wants a piece of your fees.
> On Mar 17, 2015 12:15 PM, "Michael Avanesian michael@avanesianlaw.com
> [cdcbaa]" wrote:
>
>>
>>
>> You need to protect your retainer, for that reason alone, I would file a
>> final fee app every time.
>>
>>
>> Sincerely,
>>
>>
>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>> *Confidentiality**: *This electronic transmission and its contents are
>> legally privileged and confidential information and intended solely for the
>> use of the addressee. If the reader of this message is not the intended
>> recipient, you are hereby notified that any dissemination, distribution,
>> copying or other use of this message and its contents is strictly
>> prohibited. If you have received this transmission in error, please reply
>> to us immediately and delete this message from your directory.
>>
>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>> imposed by the IRS, please be advised that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not intended
>> or written to be used or relied upon, and cannot be used or relied upon,
>> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
>> or (ii) promoting, marketing or recommending to another party any
>> transaction or matter addressed herein.
>>
>>
>> On Tue, Mar 17, 2015 at 11:35 AM, Kirk Brennan kirkinhermosa@gmail.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> Michael,
>>> Do you always file a final fee app?
>>> On Mar 16, 2015 4:09 PM, "Michael Avanesian michael@avanesianlaw.com
>>> [cdcbaa]" wrote:
>>>
>>>>
>>>>
>>>> If dismissed, get your final fee app approved by the Court. If
>>>> converted, work with the Trustee to determine the best time to file your
>>>> final fee application. It'll probably be concurrent with when his attorney
>>>> files a fee app.
>>>>
>>>> If you forget and the fee app is not approved, I have seen retainers be
>>>> disgorged years later.
>>>>
>>>>
>>>> Sincerely,
>>>>
>>>>
>>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>>> 101 N. Brand Blvd., PH 1920
>>>> Glendale, California 91203
>>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>>
>>>> *Confidentiality**: *This electronic transmission and its contents
>>>> are legally privileged and confidential information and intended solely for
>>>> the use of the addressee. If the reader of this message is not the intended
>>>> recipient, you are hereby notified that any dissemination, distribution,
>>>> copying or other use of this message and its contents is strictly
>>>> prohibited. If you have received this transmission in error, please reply
>>>> to us immediately and delete this message from your directory.
>>>>
>>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>>> contained in this communication (including any attachments) is not intended
>>>> or written to be used or relied upon, and cannot be used or relied upon,
>>>> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
>>>> or (ii) promoting, marketing or recommending to another party any
>>>> transaction or matter addressed herein.
>>>>
>>>>
>>>> On Mon, Mar 16, 2015 at 3:36 PM, Holly Roark hollyroark22@gmail.com
>>>> [cdcbaa] wrote:
>>>>
>>>>>
>>>>>
>>>>> I am not sure of the procedure in a Chapter 11 if it gets dismissed or
>>>>> converted. (Has not yet happened, but ....)
>>>>>
>>>>> 1) If dismissed, do I need a court order to seek payment of my fees
>>>>> from the client?
>>>>>
>>>>> 2) If converted to Chapter 7, can I just file my fee app? (I
>>>>> understand I can't get paid from the estate for my representation in the
>>>>> Chapter 7.)
>>>>>
>>>>> How do you handle in these cases? I know I need to get my fee app
>>>>> together soon. I have not done interim fee applications. Was just going to
>>>>> do a final one.
>>>>>
>>>>>
>>>>>
>>>>> Holly Roark
>>>>> Certified Bankruptcy Specialist*
>>>>> *and Sports Lawyer*
>>>>> holly@roarklawoffices.com **primary email address**
>>>>> www.roarklawoffices.com
>>>>> Central District of California - Consumer Bankruptcy Attorney
>>>>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>>>>> T (310) 553-2600; F (310) 553-2601
>>>>>
>>>>> *By State Bar of California Board of Legal Specialization
>>>>>
>>>>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>>>>> 922-5100
>>>>>
>>>>>
>>>>
>>
>
Everyone has their own style.Regarding Dismissal:There is a case I am thinking of where one attorney filed the Chapter 11 and received a 20k retainer. Dismissed. Then another attorney filed Chapter 11 and received a 30k retainer. Dismissed. Same attorney filed a 3rd Chapter 11, Trustee appointed. I believe neither attorney kept any of their retainer. Imagine being disgorged 20-30k a few years after you've washed your hands. Motions to open the case to file fee apps denied.If your purpose for the fee app is to protect your retainer, you can stipulate with the former client to cut your fees down by 50% or whatever to get them to agree to the fee app, it&
The post was migrated from Yahoo.
Interesting. Some of the seasoned chapter 11 practitioners I have talked to
have said they dont file fee apps when the cases get dismissed without
confirmed plans or get converted to chapter 7. I believe this is because
of the perceived risk of an opposition from a client who has nothing to
lose or a trustee in 7 who wants a piece of your fees.
On Mar 17, 2015 12:15 PM, "Michael Avanesian michael@avanesianlaw.com
[cdcbaa]" wrote:
>
>
> You need to protect your retainer, for that reason alone, I would file a
> final fee app every time.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.
>
>
> On Tue, Mar 17, 2015 at 11:35 AM, Kirk Brennan kirkinhermosa@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> Michael,
>> Do you always file a final fee app?
>> On Mar 16, 2015 4:09 PM, "Michael Avanesian michael@avanesianlaw.com
>> [cdcbaa]" wrote:
>>
>>>
>>>
>>> If dismissed, get your final fee app approved by the Court. If
>>> converted, work with the Trustee to determine the best time to file your
>>> final fee application. It'll probably be concurrent with when his attorney
>>> files a fee app.
>>>
>>> If you forget and the fee app is not approved, I have seen retainers be
>>> disgorged years later.
>>>
>>>
>>> Sincerely,
>>>
>>>
>>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>>> 101 N. Brand Blvd., PH 1920
>>> Glendale, California 91203
>>> Tel: 818.276.2477 Fax: 818.208.4550
>>>
>>> *Confidentiality**: *This electronic transmission and its contents are
>>> legally privileged and confidential information and intended solely for the
>>> use of the addressee. If the reader of this message is not the intended
>>> recipient, you are hereby notified that any dissemination, distribution,
>>> copying or other use of this message and its contents is strictly
>>> prohibited. If you have received this transmission in error, please reply
>>> to us immediately and delete this message from your directory.
>>>
>>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>>> imposed by the IRS, please be advised that any U.S. federal tax advice
>>> contained in this communication (including any attachments) is not intended
>>> or written to be used or relied upon, and cannot be used or relied upon,
>>> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
>>> or (ii) promoting, marketing or recommending to another party any
>>> transaction or matter addressed herein.
>>>
>>>
>>> On Mon, Mar 16, 2015 at 3:36 PM, Holly Roark hollyroark22@gmail.com
>>> [cdcbaa] wrote:
>>>
>>>>
>>>>
>>>> I am not sure of the procedure in a Chapter 11 if it gets dismissed or
>>>> converted. (Has not yet happened, but ....)
>>>>
>>>> 1) If dismissed, do I need a court order to seek payment of my fees
>>>> from the client?
>>>>
>>>> 2) If converted to Chapter 7, can I just file my fee app? (I understand
>>>> I can't get paid from the estate for my representation in the Chapter 7.)
>>>>
>>>> How do you handle in these cases? I know I need to get my fee app
>>>> together soon. I have not done interim fee applications. Was just going to
>>>> do a final one.
>>>>
>>>>
>>>>
>>>> Holly Roark
>>>> Certified Bankruptcy Specialist*
>>>> *and Sports Lawyer*
>>>> holly@roarklawoffices.com **primary email address**
>>>> www.roarklawoffices.com
>>>> Central District of California - Consumer Bankruptcy Attorney
>>>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>>>> T (310) 553-2600; F (310) 553-2601
>>>>
>>>> *By State Bar of California Board of Legal Specialization
>>>>
>>>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>>>> 922-5100
>>>>
>>>>
>>>
>
>
Interesting. Some of the seasoned chapter 11 practitioners I have talked to have said they dont file fee apps when the cases get dismissed without confirmed plans or get converted to chapter 7. I believe this is because of the perceived risk of an opposition from a client who has nothing to lose or a trustee in 7 who wants a piece of your fees.
On Mar 17, 2015 12:15 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
You need to protect your retainer, for that reason alone, I would file a final fee app every time.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Tue, Mar 17, 2015 at 11:35 AM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Michael,
Do you always file a final fee app?
On Mar 16, 2015 4:09 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
If dismissed, get your final fee app approved by the Court. If converted, work with the Trustee to determine the best time to file your final fee application. It'll probably be concurrent with when his attorney files a fee app.If you forget and the fee app is not approved, I have seen retainers be disgorged years later.
The post was migrated from Yahoo.
You need to protect your retainer, for that reason alone, I would file a
final fee app every time.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
for the purpose of (i) avoiding penalties under the Internal Revenue Code,
or (ii) promoting, marketing or recommending to another party any
transaction or matter addressed herein.
On Tue, Mar 17, 2015 at 11:35 AM, Kirk Brennan kirkinhermosa@gmail.com
[cdcbaa] wrote:
>
>
> Michael,
> Do you always file a final fee app?
> On Mar 16, 2015 4:09 PM, "Michael Avanesian michael@avanesianlaw.com
> [cdcbaa]" wrote:
>
>>
>>
>> If dismissed, get your final fee app approved by the Court. If converted,
>> work with the Trustee to determine the best time to file your final fee
>> application. It'll probably be concurrent with when his attorney files a
>> fee app.
>>
>> If you forget and the fee app is not approved, I have seen retainers be
>> disgorged years later.
>>
>>
>> Sincerely,
>>
>>
>> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
>> 101 N. Brand Blvd., PH 1920
>> Glendale, California 91203
>> Tel: 818.276.2477 Fax: 818.208.4550
>>
>> *Confidentiality**: *This electronic transmission and its contents are
>> legally privileged and confidential information and intended solely for the
>> use of the addressee. If the reader of this message is not the intended
>> recipient, you are hereby notified that any dissemination, distribution,
>> copying or other use of this message and its contents is strictly
>> prohibited. If you have received this transmission in error, please reply
>> to us immediately and delete this message from your directory.
>>
>> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
>> imposed by the IRS, please be advised that any U.S. federal tax advice
>> contained in this communication (including any attachments) is not intended
>> or written to be used or relied upon, and cannot be used or relied upon,
>> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
>> or (ii) promoting, marketing or recommending to another party any
>> transaction or matter addressed herein.
>>
>>
>> On Mon, Mar 16, 2015 at 3:36 PM, Holly Roark hollyroark22@gmail.com
>> [cdcbaa] wrote:
>>
>>>
>>>
>>> I am not sure of the procedure in a Chapter 11 if it gets dismissed or
>>> converted. (Has not yet happened, but ....)
>>>
>>> 1) If dismissed, do I need a court order to seek payment of my fees from
>>> the client?
>>>
>>> 2) If converted to Chapter 7, can I just file my fee app? (I understand
>>> I can't get paid from the estate for my representation in the Chapter 7.)
>>>
>>> How do you handle in these cases? I know I need to get my fee app
>>> together soon. I have not done interim fee applications. Was just going to
>>> do a final one.
>>>
>>>
>>>
>>> Holly Roark
>>> Certified Bankruptcy Specialist*
>>> *and Sports Lawyer*
>>> holly@roarklawoffices.com **primary email address**
>>> www.roarklawoffices.com
>>> Central District of California - Consumer Bankruptcy Attorney
>>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>>> T (310) 553-2600; F (310) 553-2601
>>>
>>> *By State Bar of California Board of Legal Specialization
>>>
>>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>>> 922-5100
>>>
>>>
>>
>
You need to protect your retainer, for that reason alone, I would file a final fee app every time.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Tue, Mar 17, 2015 at 11:35 AM, Kirk Brennan kirkinhermosa@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
Michael,
Do you always file a final fee app?
On Mar 16, 2015 4:09 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
If dismissed, get your final fee app approved by the Court. If converted, work with the Trustee to determine the best time to file your final fee application. It'll probably be concurrent with when his attorney files a fee app.If you forget and the fee app is not approved, I have seen retainers be disgorged years later.
The post was migrated from Yahoo.
Michael,
Do you always file a final fee app?
On Mar 16, 2015 4:09 PM, "Michael Avanesian michael@avanesianlaw.com
[cdcbaa]" wrote:
>
>
> If dismissed, get your final fee app approved by the Court. If converted,
> work with the Trustee to determine the best time to file your final fee
> application. It'll probably be concurrent with when his attorney files a
> fee app.
>
> If you forget and the fee app is not approved, I have seen retainers be
> disgorged years later.
>
>
> Sincerely,
>
>
> *Michael Avanesian, Esq. *AVANESIAN LAW FIRM
> 101 N. Brand Blvd., PH 1920
> Glendale, California 91203
> Tel: 818.276.2477 Fax: 818.208.4550
>
> *Confidentiality**: *This electronic transmission and its contents are
> legally privileged and confidential information and intended solely for the
> use of the addressee. If the reader of this message is not the intended
> recipient, you are hereby notified that any dissemination, distribution,
> copying or other use of this message and its contents is strictly
> prohibited. If you have received this transmission in error, please reply
> to us immediately and delete this message from your directory.
>
> *IRS Circular 230 Disclosure:* To ensure compliance with requirements
> imposed by the IRS, please be advised that any U.S. federal tax advice
> contained in this communication (including any attachments) is not intended
> or written to be used or relied upon, and cannot be used or relied upon,
> for the purpose of (i) avoiding penalties under the Internal Revenue Code,
> or (ii) promoting, marketing or recommending to another party any
> transaction or matter addressed herein.
>
>
> On Mon, Mar 16, 2015 at 3:36 PM, Holly Roark hollyroark22@gmail.com
> [cdcbaa] wrote:
>
>>
>>
>> I am not sure of the procedure in a Chapter 11 if it gets dismissed or
>> converted. (Has not yet happened, but ....)
>>
>> 1) If dismissed, do I need a court order to seek payment of my fees from
>> the client?
>>
>> 2) If converted to Chapter 7, can I just file my fee app? (I understand I
>> can't get paid from the estate for my representation in the Chapter 7.)
>>
>> How do you handle in these cases? I know I need to get my fee app
>> together soon. I have not done interim fee applications. Was just going to
>> do a final one.
>>
>>
>>
>> Holly Roark
>> Certified Bankruptcy Specialist*
>> *and Sports Lawyer*
>> holly@roarklawoffices.com **primary email address**
>> www.roarklawoffices.com
>> Central District of California - Consumer Bankruptcy Attorney
>> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
>> T (310) 553-2600; F (310) 553-2601
>>
>> *By State Bar of California Board of Legal Specialization
>>
>> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
>> 922-5100
>>
>>
>
>
Michael,
Do you always file a final fee app?
On Mar 16, 2015 4:09 PM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
If dismissed, get your final fee app approved by the Court. If converted, work with the Trustee to determine the best time to file your final fee application. It'll probably be concurrent with when his attorney files a fee app.If you forget and the fee app is not approved, I have seen retainers be disgorged years later.Sincerely,Michael Avanesian, Esq.erif">AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Mon, Mar 16, 2015 at 3:36 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
I am not sure of the procedure in a Chapter 11 if it gets dismissed or converted. (Has not yet happened, but ....) 1) If dismissed, do I need a court order to seek payment of my fees from the client?2) If converted to Chapter 7, can I just file my fee app? (I understand I can't get paid from the estate for my representation in the Chapter 7.)How do you handle in these cases? I know I need to get my fee app together soon. I have not done interim fee applications. Was just going to do a final one. Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
The post was migrated from Yahoo.
I concur with Mike Avanesian.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
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I concur with Mike Avanesian.--
The post was migrated from Yahoo.
If dismissed, get your final fee app approved by the Court. If converted,
work with the Trustee to determine the best time to file your final fee
application. It'll probably be concurrent with when his attorney files a
fee app.
If you forget and the fee app is not approved, I have seen retainers be
disgorged years later.
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
*Confidentiality**: *This electronic transmission and its contents are
legally privileged and confidential information and intended solely for the
use of the addressee. If the reader of this message is not the intended
recipient, you are hereby notified that any dissemination, distribution,
copying or other use of this message and its contents is strictly
prohibited. If you have received this transmission in error, please reply
to us immediately and delete this message from your directory.
*IRS Circular 230 Disclosure:* To ensure compliance with requirements
imposed by the IRS, please be advised that any U.S. federal tax advice
contained in this communication (including any attachments) is not intended
or written to be used or relied upon, and cannot be used or relied upon,
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On Mon, Mar 16, 2015 at 3:36 PM, Holly Roark hollyroark22@gmail.com
[cdcbaa] wrote:
>
>
> I am not sure of the procedure in a Chapter 11 if it gets dismissed or
> converted. (Has not yet happened, but ....)
>
> 1) If dismissed, do I need a court order to seek payment of my fees from
> the client?
>
> 2) If converted to Chapter 7, can I just file my fee app? (I understand I
> can't get paid from the estate for my representation in the Chapter 7.)
>
> How do you handle in these cases? I know I need to get my fee app together
> soon. I have not done interim fee applications. Was just going to do a
> final one.
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California - Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600 Los Angeles, CA 90067
> T (310) 553-2600; F (310) 553-2601
>
> *By State Bar of California Board of Legal Specialization
>
> **Counsel for Chapter 13 Trustee Kathleen A. McCallister (Idaho) T (208)
> 922-5100
>
>
>
If dismissed, get your final fee app approved by the Court. If converted, work with the Trustee to determine the best time to file your final fee application. It'll probably be concurrent with when his attorney files a fee app.If you forget and the fee app is not approved, I have seen retainers be disgorged years later.Sincerely,Michael Avanesian, Esq.AVANESIAN
LAW FIRM101
N. Brand Blvd., PH 1920Glendale,
California 91203Tel:
818.276.2477 Fax: 818.208.4550Confidentiality:This electronic transmission and its contents are legally privileged and confidential information and intended solely for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, copying or other use of this message and its contents is strictly prohibited. If you have received this transmission in error, please reply to us immediately and delete this message from your directory.IRS Circular 230 Disclosure:To ensure compliance with requirements imposed by the IRS, please be advised that any U.S. federal tax advice contained in this communication (including any attachments) is not intended or written to be used or relied upon, and cannot be used or relied upon, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
On Mon, Mar 16, 2015 at 3:36 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] <
I am not sure of the procedure in a Chapter 11 if it gets dismissed or converted. (Has not yet happened, but ....) 1) If dismissed, do I need a court order to seek payment of my fees from the client?2) If converted to Chapter 7, can I just file my fee app? (I understand I can't get paid from the estate for my representation in the Chapter 7.)How do you handle in these cases? I know I need to get my fee app together soon. I have not done interim fee applications. Was just going to do a final one. Holly RoarkCertified Bankruptcy Specialist*and Sports Lawyer
holly@roarklawoffices.com**primary email address**
www.roarklawoffices.com
Central District of California - Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600 Los Angeles, CA 90067
T (310) 553-2600; F (310) 553-2601
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