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Staying in a chapter 13 case after motion to dismiss or a relief motion has been filed
Alik:
This is a loss leader. In bk practice, you will not be paid for everything you do. That is the fact of the practice. You have the duty to represent your client zealously. Do the work and eat the losses. If you pick your clients well, you will do well more often than you will eat fees.
d
Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Oct 8, 2014, at 12:55 PM, 'James T. King' king@kingobk.com [cdcbaa] wrote:
>
> There is no reason you cannot be paid in advance for the services. You still need to seek court approval of the fees and then draw them out of your trust account upon court approval.
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> Sent: Wednesday, October 08, 2014 12:50 PM
> To: CDCBAA Listserv
> Subject: [cdcbaa] Staying in a chapter 13 case after motion to dismiss or a relief motion has been filed
>
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> Listmates,
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> When a motion to dismiss or a relief motion is filed in a chapter 13 case, it is often not clear that a case will survive. The case could be dismissed or debtor could abandon the case.
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> This raises a dilemma for counsel working to oppose the motion. Getting paid through the plan is the standard way to get paid. However, it may be very likely that by the time attorney's work is done, there will be no case and no plan to pay him.
>
>
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> Alternatively, if the case survives, attorney's fees will be added to the plan. An amended plan may be necessary with associated attorney's fees. Quite often a debtor cannot afford a higher monthly payment needed to accommodate additional attorney's fees.
>
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> When some chapter 13 task is planned in advance, it may be possible to discuss other payment options with debtor, such as payment from friends or family. This route is not available once the motion has been filed.
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> What can counsel do in this situation to assure that he is paid for his work?
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> It seems unethical to run (withdraw) at the first sign of trouble. But it makes no sense that doing free work is the only alternative. In some cases the free work scenario could repeat several times during the life of the case.
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>
>
> --
> Alik Segal
> Alik.Segal@gmail.com
> 310-362-6157
> California Central District
>
>
>
On Oct 8, 2014, at 12:55 PM, 'James T. King' king@kingobk.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
There is no reason you cannot be paid in advance for the services. You still need to seek court approval of the fees and then draw them out of your trust account
upon court approval.
From: cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
Sent: Wednesday, October 08, 2014 12:50 PM
To: CDCBAA Listserv
Subject: [cdcbaa] Staying in a chapter 13 case after motion to dismiss or a relief motion has been filed
Listmates,
When a motion to dismiss or a relief motion is filed in a chapter 13 case, it is often not clear that a case will survive. The case could be dismissed or debtor could abandon the case.
This raises a dilemma for counsel working to oppose the motion. Getting paid through the plan is the standard way to get paid. However, it may be very likely that by the time attorney's work is done, there will be no case and no plan
to pay him.
Alternatively, if the case survives, attorney's fees will be added to the plan. An amended plan may be necessary with associated attorney's fees. Quite often a debtor cannot afford a higher monthly payment needed to accommodate additional
attorney's fees.
When some chapter 13 task is planned in advance, it may be possible to discuss other payment options with debtor, such as payment from friends or family. This route is not available once the motion has been filed.
What can counsel do in this situation to assure that he is paid for his work?
It seems unethical to run (withdraw) at the first sign of trouble. But it makes no sense that doing free work is the only alternative. In some cases the free work scenario could repeat several times during the life of the case.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
The post was migrated from Yahoo.