I paid my Lawyer 1300 dollars when i filed for ch. 13 bankruptcy. She now wants 425 dollars to convert to a ch7 is this fair?

Asked over 2 years ago - Wichita, KS

I have only been in the ch 13 for 6 months but struggling to make payments to it.

Additional information

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.

Attorney answers (6)

  1. Alan D. Walton

    Pro

    Contributor Level 19

    28

    Lawyers agree

    Answered . 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.

  2. Kathryn Ursula Tokarska

    Contributor Level 16

    24

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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.

  3. Michael J Corbin

    Contributor Level 20

    25

    Lawyers agree

    Answered . 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.

    We can be reached at 507.334.0155. Our web address is: www. corbin-law-office.com. Answers on Avvo are not to... more
  4. William P. Turner

    Contributor Level 7

    17

    Lawyers agree

    Answered . 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.

  5. Derek R. Caldwell

    Pro

    Contributor Level 19

    15

    Lawyers agree

    Answered . 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.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  6. Thomas A McAvity

    Pro

    Contributor Level 14

    10

    Lawyers agree

    Answered . 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.

    Please consult an attorney who is licensed in your state to evaluate your case if you have any questions at all.... more

Related Topics

Bankruptcy

Bankruptcy is a legal way for people or businesses who are no longer capable of paying back their bills to clear these debts and start over.

Chapter 7 bankruptcy

Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

22,964 answers this week

2,848 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

22,964 answers this week

2,848 attorneys answering