Cole v. Bordeaux, LLP (In re Cole)
- Summarized by Lars Fuller , BakerHostetler
- 8 years 2 months ago
- Case Type:
- Consumer
- Case Status:
- Affirmed
- Citation:
- BAP No. CC-17-1176-KuSA (9th Circuit, Dec 04,2017) Not Published
- Tag(s):
-
- Ruling:
- BAP (9th Cir.) affirmed bankruptcy court (C.D. Cal.) order granting fee application for ch. 13 debtor's counsel over objection of ch. 13 debtor. Bankruptcy court neither abused discretion nor denied debtor substantive due process by refusing to hear debtor's objection at hearing after debtor failed to timely file written objection by deadline. Certificate of mailing established adequate notice notwithstanding debtor's affidavit that he failed to receive actual notice. Debtor also failed to identify error in bankruptcy court's reasoning or order granting fees.
- Procedural context:
- Debtor appealed ruling of bankruptcy court (C.D. Cal.) to BAP for 9th Circuit.
- Facts:
- Prior to filing bankruptcy, debtor engaged attorney and signed form fee agreement ("RARA") approved by C.D. California bankruptcy court. Local bankruptcy rule provided that fees incurred under RARA within designated caps would be presumptively approved without full fee application. After attorney filed ch. 13 case for debtor, debtor's case was ultimately dismissed. Attorney sought balance of his fees under RARA without filing fee application. Ch. 13 trustee objected that because plan was not confirmed, attorney was required to submit fee application. Debtor also objected, expressing dissatisfaction with attorney. Bankruptcy court denied application without prejudice and attorney filed second fee application with itemization of services. Attorney mailed notice of second fee application to debtor with objection deadline. Debtor did not file written objection, but appeared at hearing seeking to oppose the application. The bankruptcy court advised debtor that because of his failure to file a written objection, the evidence had closed on the application, and the court would not hear argument from the debtor.
- Judge(s):
- Kurtz, Spraker, Alston
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