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Hello listserve members:
I need to confess a boneheaded mistake, and seek the best way to undo it.
In two cases, I accepted a postpetition retainer from a chapter 13 debtor to
file a lien avoidance action. In each case, we now already have the
judgments, and are now realizing that we never applied for fees. (I have no
explanation for why, a few months, I thought it was okay to ask for and
accept a postpetition retainer; all I can say is that I don't see the
justification for it now).
In order to undo this, be clean, and increase my chances of payment
approval, should I:
1. Return the money to the client, file the fee app, and amend the plan to
provide for payment to myself? Or
2. File the fee application with a clear explanation of the wrongful receipt
of the retainer and say that, if the court requires it, I am prepared to
refund/disgorge fees for this action?
While I usually think that asking for forgiveness is better than asking for
permission, here I'm not so sure.
John D. Faucher
Hurlbett & Faucher
5743 Corsa Ave., Suite 208
Westlake Village, CA 91362
(818) 889-8080
Fax: (805) 367-4154
http://www.hurlbettfaucher.com/
3324 State Street, Suite O
Santa Barbara, CA 93105
(805) 963-9111
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Hello listserve members: I need to confess a boneheaded mistake, and seek the best way to undo it. In two cases, I accepted a postpetition retainer from a chapter 13 debtor to file a lien avoidance action. In each case, we now already have the judgments, and are now realizing that we never applied for fees. (I have no explanation for why, a few months, I thought it was okay to ask for and accept a postpetition retainer; all I can say is that I don't see the justification for it now). In order to undo this, be clean, and increase my chances of payment approval, should I: 1. Return the money to the client, file the fee app, and amend the plan to provide for payment to myself? Or
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