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recieved Notice of deficiency regarding local BK rule 2016-3

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    recieved Notice of deficiency regarding local BK rule 2016-3

    We receive a letter from the US Bankruptcy court that says:

    NOTICE OF DEFIECINCY REGARDING LOCAL BK RULE 2016-3
    This Notice refers to Chap.13 Application(app docket #53) filed Oct 26th, 2010 by (our attorney) (movant)counsel for Debtor. The movant is requesting allowance of a fee in excess of the presumptitively reasonable fee amount provided the General Prodedure Order published by the Clerk. Movant has failed to comply with the service requirements and /or provisions contained in Local BK Rule 2016-3(b) in the following respects:

    (X)Movant failed to mail notice of the Application to all creditors, claimant, and parties in interest providing 21 days to object

    NOTICE IS HERBY GIVEN that the Movant shall comply with the Local BK Rule 2016-3. If the above -refernced deficiency is not cured on or before the date shown below, the Clerk shall recommend the Court of application be denied for lack of proper prosecution


    Can anyone tell me what this means? Should I be worried ?

    thanks for any help and advise

    #2
    Your attorney petitioned for approval of his fees that are higher than your local court's "no look" rate. He didn't give notice to everybody he is supposed to give notice to. The court is telling him to give proper notice or his petition will be denied.

    The Colorado court's general order setting the no-look rate and describing what it covers is at http://www.cob.uscourts.gov/orders/gpo2009-4.pdf
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


      #3
      Thank you sending that information - basically what I thought.

      This will not affect me and my payments at all though, will it?

      Comment


        #4
        Originally posted by overstressed View Post
        Thank you sending that information - basically what I thought.

        This will not affect me and my payments at all though, will it?
        I don't think so. It should just lower the amount that gets paid to your unsecured creditors.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment

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