Legal Question in Bankruptcy in California

I'm in CA and filed Chapter 7, which closed before the attorney had a chance to file to have 3 secured liens against my home removed. He then had to re-open the bk and file Motions to Avoid which I paid him for. Apparently he filed all three liens in the same motion and it was rejected by the court. Now he wants more money for his time and to re-file them individually. My question is as an attorney, shouldn't he have know that these motions needed to be filled individually?

Asked on 9/18/14, 8:28 am

1 Answer from Attorneys

David Rausa D.J. Rausa, Attorney at Law

Different courts have different rules as to what the judge wants to see. Some want them all together for judicial economy, others want them individually.

It seems the same issue applies to all the loans, so perhaps all could have been covered with one fee. However, I do not know enough to be able to formulate an opinion regarding this issue.

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Answered on 9/18/14, 9:59 am

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