Skip to main content

Chapter 13 Fee application

Roscommon, MI |
Filed under: Chapter 13 bankruptcy

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.

Attorney Answers 5

Posted

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.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

Mark as helpful

1 found this helpful

12 lawyers agree

Posted

There is one person who can answer all your questions about attorney fees -- your attorney. Why don't you pick up the phone and ask??

Mark as helpful

1 found this helpful

8 lawyers agree

Posted

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.

THIS INFORMATION IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. THERE ARE OFTEN ADDITIONAL FACTS AND CIRCUMSTANCES THAT, IF KNOWN TO THE ATTORNEY, MAY AFFECT OR MODIFY THEIR ADVICE TO YOU. IT IS ALWAYS BEST TO RELY ON ADVICE PROVIDED IN THE CONTEXT OF A FULL CONSULTATION AND WITH COUNSEL WHO IS BOARD CERTIFIED, OR HAS SUBSTANTIAL CREDENTIALS IN THE FIELD OF INQUIRY

Mark as helpful

6 lawyers agree

1 comment

Asker

Posted

Please understand I am asking because when I contact or try to contact my attorney, he/she is never in their office nor do they return my call. It is hard to have a relationship with one that does not return calls and I am to far into this to switch attornies. Thanks for your help anyway

Posted

The fee application does not affect your payment or term of your plan. Nothing you need to do or worry about.

Mark as helpful

1 found this helpful

7 lawyers agree

Posted

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.

Mark as helpful

1 lawyer agrees

1 comment

Nicole Gabrielle Lawson

Nicole Gabrielle Lawson

Posted

I too agree with the other comments. It is completely possible that the additional fees will not adversely affect your plan completion. I hate to the bearer of bad news...but it is possible that extraordinary work has to be paid by you through your plan and could extend the length of your plan. But rest assure if the judge denies the fees the attorney could not collect against you outside of the bankruptcy.

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics