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correct way to file TILA claim in CH. 13
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Thanks. Yes it would be contingency. So I guess I can just have this attorney file the claim on behalf of the debtor and if we need to do an objection to claim I'll file that later and piggyback somehow.
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, 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 in this communication (or in any attachment).
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Wednesday, March 26, 2008 4:17 PM
Subject: RE: [cdcbaa] correct way to file TILA claim in CH. 13
This is a really complicated procedural question. Sect. 327 does NOT AUTHORIZE a debtor to employ counsel, so unlike a Chapter 11 case, you don't really need an employment motion at all. However, the attorney still wants to be paid and the money has to come from somewhere. Since post-petition earnings are property of the BK estate, where does the money come from? The estate, of course. Use of estate property is governed by Sect. 363. Depending on your point of view, hiring counsel is either an ordinary course, or a non ordinary course expenditure. Use Sect. 363(b) or 363(c) depending on your point of view.
I recently filed a motion under Sect. 363(b) to hire appellate counsel for the debtor. Judge Ahart treated it as a 327 motion and granted it, but has reserved any final decisions on compensation until the plan is approved. By the way, the plan in my case calls for monthly payments to the appellate counsel. Judge Ahart approved an interim amount for counsel until the plan confirmation issues are resolved.
For a TILA action, isn't that a contingency fee case? If so, then no motion is required at all.
Don't forget to: (1) schedule the claim as an asset; and (2) provide some disposition for the asset (the claim) in your C13 plan.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal Specialization.
Business bankruptcy specialist cert. by Amer. Bd. of Certification
Matt Resnik
Sent: Tuesday, March 25, 2008 2:04 PM
To: cdcbaa@yahoogroups.com
Cc: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] correct way to file TILA claim in CH. 13
Agreed.
On the same topic, within our community, what attorney do this type of work and with success? There are a ton of these type of deals coming through the pipeline and rather than go outside to various counsel, it is prob best served to go "in house"..for lack of a better word. Otherwise, someone can make some poor law which could/would affect us all.
Plus, somone familiar with BK will have a far simpler time with the procedure as well as knowing each particualr quirk or each individual Judge....
We have a few in state court right now (attorney is more familiar with St. Court procedure), but I just dont see why it cannot be done in front of our Judges.
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Tuesday, March 25, 2008 1:07:45 PM GMT -08:00 US/Canada Pacific
Subject: RE: [cdcbaa] correct way to file TILA claim in CH. 13
May want to do a Motion to employ since the cuase of action is property of the estate. Also, make sure your schedules list the cause of action otherwise you lose.
M. Erik Clark
Borowitz, Lozano & Clark, LLP
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
Mark JM
Sent: Tuesday, March 25, 2008 1:02 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] correct way to file TILA claim in CH. 13
I'm debtor's counsel in a pending Ch. 13 case. We have special counsel who wants to file and litigate a TILA claim against a mortgage lender. I have some procedural questions:
1. If brought in the BK court, can this attorney just file the documents as "special counsel" without any other court approval or me being involved, or does it have to be under my firm's name since I'm counsel of record?
2. Must said counsel do a fee app at the end of the case do get paid? I assume he does, but he keeps telling me there's case law (which I haven't seen) that says he can get paid outside the estate somehow. This is a 100% case anyway, so anything recovered would be a surplus and go back to the debtor, so it probably is a moot point, but I'm curious.
Thanks...
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, 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 in this communication (or in any attachment).
--
Matthew D. Resnik
Attorney at Law
Simon and Resnik LLP
449 S. Beverly Drive
Suite 210
Beverly Hills, Ca
90212
T:310-788-9777
F: 310-788-0017
Matt@resniklaw.com
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Message
The post was migrated from Yahoo.
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This is a really complicated procedural question. Sect. 327 does NOT
AUTHORIZE a debtor to employ counsel, so unlike a Chapter 11 case, you don't
really need an employment motion at all. However, the attorney still wants
to be paid and the money has to come from somewhere. Since post-petition
earnings are property of the BK estate, where does the money come from? The
estate, of course. Use of estate property is governed by Sect. 363.
Depending on your point of view, hiring counsel is either an ordinary
course, or a non ordinary course expenditure. Use Sect. 363(b) or 363(c)
depending on your point of view.
I recently filed a motion under Sect. 363(b) to hire appellate counsel for
the debtor. Judge Ahart treated it as a 327 motion and granted it, but has
reserved any final decisions on compensation until the plan is approved. By
the way, the plan in my case calls for monthly payments to the appellate
counsel. Judge Ahart approved an interim amount for counsel until the plan
confirmation issues are resolved.
For a TILA action, isn't that a contingency fee case? If so, then no motion
is required at all.
Don't forget to: (1) schedule the claim as an asset; and (2) provide some
disposition for the asset (the claim) in your C13 plan.
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
The post was migrated from Yahoo.
I didn't mean to imply that anyone was inappropriately censoring, I was just
curious in light of Mr. Caceres' comment that maybe there was a glitch
somewhere between where we send to the usergroup and how it gets "approved"
for dissemination. I've posted a few questions in the past couple of
weeks that got zero responses, and I find that unusual.
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of
Mark J. Markus that may be privileged. The information is intended for the
use of the addressee only. If you are not the addressee, note that any
disclosure, copy, distribution or use of the contents of this message is
prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. tax advice contained in this
communication (or in any attachment) is not intended or written to be used,
and cannot be used, 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 in this communication (or
in any attachment).
To:
Sent: Wednesday, March 26, 2008 1:45 PM
Subject: Re: [cdcbaa] correct way to file TILA claim in CH. 13
>
> --- Mark JM wrote:
>
>>
>> the fact that your responses aren't
>> getting posted makes me wonder about several other
>> of my queries that have received no replies from
>> anyone. Dennis, et. al are these not getting to
>> the moderators, or are they just being censored?
>>
>>
>
>
> Ladies and Gents:
> We do NOT normally Censure the members. If someone
> says something that is really inappropriate, or just
> hits reply and types "Thanks" (but leaves in a 900
> page thread), the email might be deleted, but GOSH, we
> are not babysitters, don't see ourselves as
> babysitters and don't appreciate being cast as
> babysitters.
>
> You are our brother and sister bankruptcy lawyers. It
> is that simple. The board is for open discussion
> between equals.
>
> dennis
>
>
>
> ____________________________________________________________________________________
> Never miss a thing. Make Yahoo your home page.
> http://www.yahoo.com/r/hs
>
> ------------------------------------
>
> Yahoo! Groups Links
>
>
>
The post was migrated from Yahoo.
>
> the fact that your responses aren't
> getting posted makes me wonder about several other
> of my queries that have received no replies from
> anyone. Dennis, et. al are these not getting to
> the moderators, or are they just being censored?
>
>
Ladies and Gents:
We do NOT normally Censure the members. If someone
says something that is really inappropriate, or just
hits reply and types "Thanks" (but leaves in a 900
page thread), the email might be deleted, but GOSH, we
are not babysitters, don't see ourselves as
babysitters and don't appreciate being cast as
babysitters.
You are our brother and sister bankruptcy lawyers. It
is that simple. The board is for open discussion
between equals.
dennis
The post was migrated from Yahoo.
Thanks Joseph, the fact that your responses aren't getting posted makes me wonder about several other of my queries that have received no replies from anyone. Dennis, et. al are these not getting to the moderators, or are they just being censored?
Thanks for your input. I agree an app to employ would be best, but of course then the issue of how I get paid for doing that arises, but that's not my main concern at the moment.
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, 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 in this communication (or in any attachment).
----- Original Message -----
To: bklawr@yahoo.com
Cc: eclark@blclaw.com
Sent: Wednesday, March 26, 2008 12:43 PM
Subject: RE: [cdcbaa] correct way to file TILA claim in CH. 13
Mark and Eric - please let me know if you received the below email I sent via reply to cdcbaa@yahoogroups.com on the above subject. I ask because in past I used to receive back the emails I sent to the group, but lately have not, and don't know if there's a problem with my emails getting through.
"Putting aside the issue of how to pay special counsel in a ch 13, which to me is the more interesting question, I doubt very much anyone would care about another attorney handling certain aspects of the case, and especially here where the objection to claim is combined with the adversary. Even in chapter 11 this would be ok via special counsel, and ch 13 can't be more restrictive than ch 11. It would seem that the local rule stating that an attorney for a chapter 13 debtor is attorney for all matters in the case is intended to avoid abandonment of clients, or use of the "limited scope" concept as is done in ch 7. I don't think it's there to exclude utilization of so-called special counsel.
As for an appropriate way to pay such counsel, it would seem some sort of fee app would be necessary, as they would likely be paid from estate property (unless it was a third party paying or something of that sort). I believe the attorney who stated that there's case law allowing payment without a fee app is not exactly correct - while I think there is some case law out there stating no fee apps are necessary where the fees are being paid by a non-estate source (even for estate counsel such as in a ch 11), this would not apply to someone being paid out of estate property (which ongoing earnings are in a ch 13, and even in ch 11 now).
The upshot of all this is I think the idea of a motion to employ and allow a payment procedure might be a good idea, especially for setting a payment procedure so as to avoid problems later.
Finally, as to the issue of debtor standing to bring such a cause of action as opposed to the trustee doing it (to bring in estate assets), there's a 9th Circuit BAP case that says ch 13 debtors have standing to file even avoidance actions (ie assert the trustee's avoidance powers), although not sure if the debtor would have to seek court permission first to file such an action. See In re Cohen, 305 BR 886 (9th BAP 2004). See also Cable v Ivy Tech State College, 200 F3d 467 (7th Cir. 1999), I believe states chapter 13 debtor has standing to prosecute legal actions for benefit of estate."
Joseph E. Caceres, Esq.
Caceres & Shamash, LLP
8383 Wilshire Blvd., Suite 1010
Beverly Hills, CA 90211-2409
Tel: (323) 852-1600, x102
Fax: (323) 852-9009
E-mail: jec@locs.com
Thanks Joseph, the fact that your responses aren't getting posted
makes me wonder about several other of my queries that have received no replies
from anyone. Dennis, et. al are these not getting to the moderators,
or are they just being censored?
Thanks for your input. I agree an app to employ would be best, but of
course then the issue of how I get paid for doing that arises, but that's not my
main concern at the moment.
______________________Mark J.
MarkusLaw Office of Mark J. Markus11684 Ventura Blvd. PMB #403Studio
City, CA 91604-2652(818)509-1173 (818)509-1460 (fax)web: http://www.bklaw.com/This Firm is aQualified Federal Debt Relief Agency___________NOTICE: This Electronic
Message contains information from the law office of Mark J. Markus that may be
privileged. The information is intended for the use of the addresseeonly. If you are not the addressee, note that any disclosure, copy,
distribution or use of the contents of this message is prohibited.IRS
CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS,
we inform you that any U.S. tax advice contained in this communication (or in
any attachment) is not intended or written to be used, and cannot be used, 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 in this communication (or in any attachment).
----- Original Message -----
From:
Joseph E. Caceres
To: bklawr@yahoo.com
Cc: eclark@blclaw.com
Sent: Wednesday, March 26, 2008 12:43
PM
Subject: RE: [cdcbaa] correct way to file
TILA claim in CH. 13
Mark and Eric - please let me know if you
received the below email I sent via reply to cdcbaa@yahoogroups.com on the
above subject. I ask because in past I used to receive back the emails I
sent to the group, but lately have not, and don't know if there's a problem
with my emails getting through.
"Putting aside the issue of how to pay special counsel in a ch
13, which to me is the more interesting question, I doubt very much anyone would care about another attorney handling certain aspects of the case,
and especially here where the objection to claim is combined with the
adversary. Even in chapter 11 this would be ok via special counsel, and
ch 13 can't be more restrictive than ch 11. It would seem that
the local rule stating that an attorney for a chapter 13 debtor is
attorney for all matters in the case is intended to avoid abandonment of
clients, or use of the "limited scope" concept as is done in ch 7. I
don't think it's there to exclude utilization of
so-called special counsel.
As for an appropriate way to pay
such counsel, it would seem some sort of fee app would be necessary, as they
would likely be paid from estate property (unless it was a third party
paying or something of that sort). I believe the attorney who stated
that there's case law allowing payment without a fee app is not exactly
correct - while I think there is some case law out there stating no fee
apps are necessary where the fees are being paid by a non-estate source (even
for estate counsel such as in a ch 11), this would not apply to someone
being paid out of estate property (which ongoing earnings are in a ch 13,
and even in ch 11 now).
The upshot of all this is I think
the idea of a motion to employ and allow a payment procedure might be a
good idea, especially for setting a payment procedure so as to
avoid problems later.
Finally, as to the issue of debtor standing to bring such a cause of action as opposed to
the trustee doing it (to bring in estate assets), there's a 9th Circuit
BAP case that says ch 13 debtors have standing to file even avoidance actions
(ie assert the trustee's avoidance powers), although not sure if the debtor would have to seek court permission first to file such
an action. See In re Cohen,
305 BR 886 (9th BAP 2004). See also Cable v Ivy Tech State
College, 200 F3d 467 (7th Cir. 1999), I believe states chapter 13 debtor
has standing to prosecute legal actions for benefit of
estate."
Joseph E. Caceres, Esq.Caceres & Shamash,
LLP8383 Wilshire Blvd., Suite 1010Beverly Hills, CA 90211-2409Tel:
(323) 852-1600, x102Fax: (323) 852-9009E-mail:
The post was migrated from Yahoo.
Good question - anyone else want to chime in?
M. Erik Clark
Borowitz, Lozano & Clark, LLP
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
________________________________
The post was migrated from Yahoo.
So would this be true if the adversary were combined with an objection to
claim? The outside counsel could handle both?
To:
Sent: Wednesday, March 26, 2008 7:23 AM
Subject: RE: [cdcbaa] correct way to file TILA claim in CH. 13
>I don't think you are "on the hook" for the adversary. We have had other
>counsel come in to fight these claims before. In fact, I believe our
>office has one such case going on right now.
>
> M. Erik Clark
> Borowitz, Lozano & Clark, LLP
> 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
>
> ________________________________
>
> Sent: Tue 3/25/2008 9:32 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] correct way to file TILA claim in CH. 13
>
>
>
>
> Thanks, Erik. I had already amended the schedules to include the claim.
> Motion to Employ probably makes sense, but doesn't really resolve the
> underlying questions I asked because that only goes to ability of counsel
> to get paid later on. Doesn't the RARA or our local rules put me on the
> hook for all such adversary cases? Or can another attorney come in just
> for that portion of the case?
>
> ______________________
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency
> ___________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that
> any disclosure, copy, distribution or use of the contents of this message
> is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be
> used, and cannot be used, 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 in this communication
> (or in any attachment).
>
> ----- Original Message -----
> To: cdcbaa@yahoogroups.com
> Sent: Tuesday, March 25, 2008 1:07 PM
> Subject: RE: [cdcbaa] correct way to file TILA claim in CH. 13
>
>
> May want to do a Motion to employ since the cuase of action is property of
> the estate. Also, make sure your schedules list the cause of action -
> otherwise you lose.
>
>
>
>
>
>
>
>
>
>
>
> M. Erik Clark
> Borowitz, Lozano & Clark, LLP
> 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
>
>
> ________________________________
>
>
> Mark JM
> Sent: Tuesday, March 25, 2008 1:02 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] correct way to file TILA claim in CH. 13
>
>
>
> I'm debtor's counsel in a pending Ch. 13 case. We have special counsel
> who wants to file and litigate a TILA claim against a mortgage lender. I
> have some procedural questions:
>
>
>
> 1. If brought in the BK court, can this attorney just file the documents
> as "special counsel" without any other court approval or me being
> involved, or does it have to be under my firm's name since I'm counsel of
> record?
>
>
>
> 2. Must said counsel do a fee app at the end of the case do get paid? I
> assume he does, but he keeps telling me there's case law (which I haven't
> seen) that says he can get paid outside the estate somehow. This is a
> 100% case anyway, so anything recovered would be a surplus and go back to
> the debtor, so it probably is a moot point, but I'm curious.
>
>
>
> Thanks...
>
>
>
> ______________________
> Mark J. Markus
> Law Office of Mark J. Markus
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)509-1460 (fax)
> web: http://www.bklaw.com/
> This Firm is a Qualified Federal Debt Relief Agency
> ___________
> NOTICE: This Electronic Message contains information from the law office
> of Mark J. Markus that may be privileged. The information is intended for
> the use of the addressee only. If you are not the addressee, note that
> any disclosure, copy, distribution or use of the contents of this message
> is prohibited.
> IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by
> the IRS, we inform you that any U.S. tax advice contained in this
> communication (or in any attachment) is not intended or written to be
> used, and cannot be used, 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 in this communication
> (or in any attachment).
>
>
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
>
>
>
The post was migrated from Yahoo.
I don't think you are "on the hook" for the adversary. We have had other counsel come in to fight these claims before. In fact, I believe our office has one such case going on right now.
M. Erik Clark
Borowitz, Lozano & Clark, LLP
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
________________________________
The post was migrated from Yahoo.
Thanks, Erik. I had already amended the schedules to include the claim. Motion to Employ probably makes sense, but doesn't really resolve the underlying questions I asked because that only goes to ability of counsel to get paid later on. Doesn't the RARA or our local rules put me on the hook for all such adversary cases? Or can another attorney come in just for that portion of the case?
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, 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 in this communication (or in any attachment).
----- Original Message -----
To: cdcbaa@yahoogroups.com
Sent: Tuesday, March 25, 2008 1:07 PM
Subject: RE: [cdcbaa] correct way to file TILA claim in CH. 13
May want to do a Motion to employ since the cuase of action is property of the estate. Also, make sure your schedules list the cause of action - otherwise you lose.
M. Erik Clark
Borowitz, Lozano & Clark, LLP
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
Mark JM
Sent: Tuesday, March 25, 2008 1:02 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] correct way to file TILA claim in CH. 13
I'm debtor's counsel in a pending Ch. 13 case. We have special counsel who wants to file and litigate a TILA claim against a mortgage lender. I have some procedural questions:
1. If brought in the BK court, can this attorney just file the documents as "special counsel" without any other court approval or me being involved, or does it have to be under my firm's name since I'm counsel of record?
2. Must said counsel do a fee app at the end of the case do get paid? I assume he does, but he keeps telling me there's case law (which I haven't seen) that says he can get paid outside the estate somehow. This is a 100% case anyway, so anything recovered would be a surplus and go back to the debtor, so it probably is a moot point, but I'm curious.
Thanks...
______________________
Mark J. Markus
Law Office of Mark J. Markus
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)509-1460 (fax)
web: http://www.bklaw.com/
This Firm is a Qualified Federal Debt Relief Agency
___________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
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May want to do a Motion to employ since the cuase of action is property
of the estate. Also, make sure your schedules list the cause of action
- otherwise you lose.
M. Erik Clark
Borowitz, Lozano & Clark, LLP
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
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