An attorney may not collect $136,000 in legal fees from a custody case involving a Yonkers teacher, a bankruptcy judge has ruled.
U.S. Bankruptcy Judge Robert D. Drain ruled in favor of Adam S. Thiesse and against Manhattan attorney Andrew M. Molbert.
Doreen J. Kendall hired Andrew Molbert, Esq. in 2008 to represent her in a custody and child support case.
She paid a $2,500 retainer and agreed to an hourly rate of $250.
Two days before the trial was to begin in Yonkers family court in 2009, Adam Thiessen – who is not the father of the child and who Kendall calls her “significant other” – signed a guarantee to pay her legal fees.
Adam Thiessen, a Yonkers school teacher, petitioned for Chapter 13 bankruptcy protection in 2018, declaring $24,078 in assets and $133,582 in liabilities.
Attorney Molbert then submitted a $136,215 claim for unpaid legal fees and expenses from the Kendall case.
Adam Thiessen objected on several grounds.
The fees were unreasonable, in light of the $95,470 already paid.
Attorney Molbert’s time entries were insufficiently detailed. He had little experience in domestic relations matters.
He had fraudulently induced Adam Thiessen to guarantee the legal fees.
He had failed to bill Doreen Kendall every 60 days, as required by the retainer.
He had improperly obtained signatures on confessions of judgment that secured the legal fees.
Adam Thiessen was represented by Carlos J. Cuevas of Yonkers.
Attorney Molbert represented himself.