I just received a letter from my attorney stating that he has filed a fee application with the clerk to pay his remaining balance. It says the trustee will pay this if approved by the judge. It further states this will not affect my plan term or plan payments Is this true? If so how does this work out if the judge does not approve. Do we have to pay remaining balance? We have always been on time with our payments and we will be released in May of 2014 from our plan. I would appreciate any help in regards to this question and what, if anything, I should do. Thank you in advance.
Chapter 7 Bankruptcy Attorney
You should address these questions to your attorney. Attorneys often do extra work in the the case that wasn't covered by the base fee. if the court approves the fees, they would be paid from your plan payments and this could possibly extend your plan past May 2014. if you disagree with the fees, you need to let the judge know why and appear at the hearing.
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One would have to question the integrity of your relationship with your counsel if you a) do not feel comfortable discussing these issues with him or her or b) do not trust them to give you a straight answer. Frankly, it is somewhat surprising that your counsel did not explain the prospect for additional fees up front. You should not hesitate to seek answers from your lawyer. And by the way, it is not unusual for their to be incremental fees in Chapter 13 cases.
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Family Law Attorney
I agree with the other answers in this question. Usually, additional attorney fees will not affect your plan payment or plan length and only lessen the amount paid to your unsecured creditors. If you're confused, it is worth giving your attorney a call to discuss your specific plan.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
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