Legal Question in Bankruptcy in California

Chapter 13 Payment Plan

If you are short the full amount of your payment plan, is it common for your attorney to pay the differance so the Chapter 13 can be confirmed?


Asked on 7/22/99, 8:50 am

1 Answer from Attorneys
Marcus G. Tiggs Slate and Leoni, A Professional Corp

Re: Response to Chapter 13 Payment Plan

Though, our firm has done this a hand full of times over the last 35 years, by no means is this common at all. Nowadays we stay away from this, especially since the trustees (at lest in the central District) no longer accept Attorney Trust checks.

The most likily reason it is not common practice is because it can be dificlut to recover the money post petion, outside of filing a supplemental fee application, which raises the question of whether the debtors plan is feasible in the first instance.

Best of Luck

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Answered on 7/22/99, 4:36 pm


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