conversion of case from 11 to 7
Posted: Sat Feb 23, 2013 9:14 pm
A relevant case is *Lamie*, a SOCUS case which states that the attorney
cannot be paid for the chapter 7 work from estate funds.
Here is the cite:
540 U.S. 526
So my current understanding is: upon conversion from 11 to 7, the attorney
continues to represent the Debtor (but not the estate), and can file a
final fee app for his/her work in the chapter 11, but not for his/her work
in the chapter 7.
On Sat, Feb 23, 2013 at 7:27 PM, Steven B. Lever wrote:
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> Kirk:****
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> Its the same case regardless of Chapter. I put in my retainer that
> conversion operates to terminate representation.****
>
> ** **
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> Im not sure how the attorney is paid if there is no assets in the 7. If
> there are assets, there is a code section under which you can apply for
> compensation If this is a case I was aware of, please contact me offline.
> ****
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> ** **
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> Steve ****
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> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] *On Behalf
> Of *Kirk Brennan
> *Sent:* Saturday, February 23, 2013 8:51 AM
> *To:* Cdcbaa Yahoo Listserv
> *Subject:* [cdcbaa] conversion of case from 11 to 7****
>
> ** **
>
> ****
>
> When a case is converted from 11 to 7, does the chapter 11 attorney remain
> as the attorney of record?****
>
> The court's filed Notice of Chapter 7 Case, Meeting of Creditors and
> Deadlines continues to list the law firm in the chapter 11 case, but my
> understanding was that the representation ends upon conversion.****
>
> Thanks,****
>
> -- ****
>
>
>
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TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
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be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
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letters containing the signature of a director.
A relevant case is Lamie, a SOCUS case which states that the attorney cannot be paid for the chapter 7 work from estate funds.Here is the cite:
540 U.S. 526So my current understanding is: upon conversion from 11 to 7, the attorney continues to represent the Debtor (but not the estate), and can file a final fee app for his/her work in the chapter 11, but not for his/her work in the chapter 7.
On Sat, Feb 23, 2013 at 7:27 PM, Steven B. Lever <
The post was migrated from Yahoo.