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Attorney lien and disputed fees In Chapter 13.

I filed a chapter 13 for the sole purpose of initiating an adversarial action against a government agency. the judge found in my favor on every issue - the government had, indeed, been attempting to collect a debt it was never owed. But the judge denied damages because my attorney did nothing to develop the damage claim, mistakenly thinking that the government is immune to affirmative awards, having completely misread the applicable statutes.

When I disputed the amount of his fees, he then filed a lien on the money I'd been paying into the Chapter 13 trust account. He, later, withdrew his representation.

Is his lien appropriate?

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Attorney answers (1)

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Attorney fees are paid as "Administative Expenses" through a Chapter 13 Plan. If the case is confirmed the payment is made. If the plan was not confirmed the payments would have gone back to you so the attorney has to make a motion to get paid.

I make no opinion as to whether or not the fee was appropriate, but all fees have to be paid through an order approving them from the Court.

Sounds like an interesting case. if you send me the case number i would like to review the adversary. Sorry it did not go your way on damages.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

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