charsetndows-1252
Yikes, that is a real disincentive to filing the addendum in the first place.
If its a 0% plan, or in almost every event, you wont get fairly compensated for that review (apparently especially in Riverside).
Jason
On Oct 8, 2010, at 9:05 AM, Nancy Clark wrote:
>
> Now, I dont speak for Erik, but I think the cost of reviewing the monthly statement is ministerial and could be absorbed in your fees. The review of the quarterly statements I would venture to guess would be more involved and you could file a supplemental fee application in order to review the quarterly report (and monthly statements). If you dont find anything unusual, you may not need to spend much time on the statements and the quarterly reports but if you do find something it is in your clients best interest and the best interest of the estate that you resolve the issue. Your client will be grateful you did and supplemental fees will be completely justified. You may even have to file an adversary proceeding against the mortgage creditor for accounting. You may recoup your fees from the creditor if they are misapplying payments.
>
>
>
> Thank you,
>
> Nancy B. Clark
>
>
>
> 100 N. Barranca Avenue, Suite 250
>
> West Covina, CA 91791
>
> Office: (626) 332-8600
>
> Fax: (626) 332-8644
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>
>
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>
>
Patrick Green
> Sent: Thursday, October 07, 2010 2:14 PM
> To:
cdcbaa@yahoogroups.com
> Subject: RE: [cdcbaa] plan addendum -- anybody sued under this?
>
>
>
>
>
> Erik:
>
>
>
> Isnt the main purpose to keep an eye on their accounting while the case is pending so there are no post filing surprises?
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>
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> If the answer is yes, what do you think our obligation as counsel for the debtor is to review the monthly statements?
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>
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> How do we get paid for it?
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>
>
> If you have any questions or concerns, please contact me.
>
>
>
> Pat
>
>
>
> Patrick T. Green, Esq.
>
> Fitzgerald & Green
>
> Attorneys at Law
>
> 1010 E. Union Street
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> Suite 206
>
> Pasadena, CA 91106
>
> Tel: 626-449-8433
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> Fax: 626-449-0565
>
>
pat@fitzgreenlaw.com
>
>
>
>
>
blc subscriptions
> Sent: Thursday, October 07, 2010 11:38 AM
> To:
cdcbaa@yahoogroups.com; blc subscriptions
> Subject: RE: [cdcbaa] plan addendum -- anybody sued under this?
>
>
>
>
>
> I agree. However, note that the case about the addendum is in front of the 9th Circuit on appeal
>
>
>
> M. Erik Clark
>
>
> 100 N. Barranca Avenue, Suite 250
> West Covina, CA 91791
>
>
www.BLClaw.com
> Office: (626) 332-8600
> Fax: (626) 332-8644
> Board Certified in Consumer Bankruptcy
> American Board of Certification
>
>
>
dbcommons
> Sent: Thursday, October 07, 2010 6:36 AM
> To: blc subscriptions
> Subject: [cdcbaa] plan addendum -- anybody sued under this?
>
>
>
>
>
> Listmates:
>
> Have any of you sued a lender for damages based upon the requirements of the Plan Addendum? Used it to oppose a MFR? Used it to reinstate a stay after an order lifting the stay has been entered? The language of the Addendum sounds great, but I'm wondering to what practical use it has been put, and what the results have been. Obvioulsy, the time is right to push these lenders on their sloppy record-keeping.
>
> David Commons
>
>
>
charsetndows-1252
Yikes, that is a real disincentive to filing the addendum in the first place.If its a 0% plan, or in almost every event, you wont get fairly compensated for that review (apparently especially in Riverside).JasonOn Oct 8, 2010, at 9:05 AM, Nancy Clark wrote:
The post was migrated from Yahoo.