Sunday, December 23, 2012

Haplow engaged Turnbow as his attorney when threatened by several creditors with a bankruptcy proceeding. Haplow's assets consisted of $85,000 and his debts were $125,000. A petition was subsequently was filed and uncontested. Several of the creditors are concerned the the suspected large legal fees charged by Turnhow will diminish the size of the distributable estateh. What are the rules of limitation which apply to such fees?

Haplow engaged Turnbow as his attorney when threatened by several creditors with a bankruptcy proceeding. Haplow's assets consisted of $85,000 and his debts were $125,000. A petition was subsequently was filed and uncontested. Several of the creditors are concerned the the suspected large legal fees charged by Turnhow will diminish the size of the distributable estate. What are the rules of limitation which apply to such fees?

According to the rules of bankruptcy procedure, it is necessary to file a proof of claims against the debtor's estate. The filling must be timely (within a 6-month period) or the claim will be barred. A claim that is filled on time is given prima facie validity and is approved unless there is an objection by one of the creditors. The filling would include a statement of compensation paid or agreed. 

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