I have only been in the ch 13 for 6 months but struggling to make payments to it.
plus the vehicles under the 13 are both having problems and no money to fix em. . she is a great attorney and helped my family alot. Im in the military and trying to support my wife a nd 9 mo old son.
Chapter 7 Bankruptcy Attorney
Yes, very fair. In our jurisdiction, client signs Rights & Responsibilities form, which is filed with the petition, chances are you also signed this form. It lists 15 items that the attorney shall do in order to receive $3,300, which is within the US Bankruptcy's Court's parameters for "initial fees," Converting a Chapter 13 to a Chapter 7 is not one of those items and it is not improper to compensate your lawyer for the extra time & effort involved in adhering to the conversion procedures. I also would probably charge a bit more.
Yes, there are additional things that need to be done like paying the conversion fee, filing a statement of new debt, otherwise updating the schedules, doing a new means test, providing information to the new trustee for the chapter 7 and attending another meeting of creditors. I usually charge more than that.
Family Law Attorney
Completely fair. First, there is a filing fee to convert that has to be paid. Second, there is additional work to be done to convert the case. Frankly, my office charges more for a Chap. 13 than what you were charged, and we charge to convert cases as well.
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No, it is not fair, but you will not like my answer why. $1,300 is not close to being enough money to get a Chapter 13 plan confirmed. $450 is not enough money to convert a 13 to a 7. Your concern should not be why your attorney is charging so much money; it should be why she is charging so little as you tend to get what you pay for.
Chapter 13 Bankruptcy Attorney
Yes, this is a more than fair amount considering the additional work and additional 341 meeting that your attorney will have to do. I frequently charge more that this for a conversion, as do my colleagues from around the country as indicated by the other responses to your question.
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She is very kind. I would charge you nearly three times that amount. The reality is that doing a conversion is only marginally less work than doing an entire Chapter 7 from scratch.
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