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

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

Get free answers from experienced attorneys.

 

Ask now

22,709 answers this week

2,924 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

22,709 answers this week

2,924 attorneys answering