Advise

[meetsv]

Good Evening,

I'm going thru my petition and this is what the lawyer stated is not included on the lawyer fee:

Representation of the debtors in any dischargeability actions, judicial lien avoidances, relief from stay actions or any other adversary proceeding.

Representation of the debtors for continued 341 meeting of creditors or 2004 examinations

The way I read it is he will take me to the 1st 341 meeting anything after that, I have to pay them more for him to represent me.

Any of you can explain this in plain english.

Thank you in advance

[justbroke]

You basically just summed it up. However, they are your attorney. They are there to represent you. The reason they have those exclusions, is probably because you received a really good price (under $2,500 to file a Chapter 13). I guess I really should say that.

Any attorney will charge additional for complaints (adversary proceedings) because they are mini-lawsuits within the BK process. They tend to get very expensive to litigate (many thousands of dollars and hours of time).

They usually charge more for representation of the debtors in any dischargeability actions because these are usually adversary proceeding where the creditor is challenging the discharge of that debt. These too can get very expensive to litigate and consume the attorney.

They charge more for judicial lien avoidances because they usually need to deal with two Courts (the BK Court and the local court where the jugdement/judicial lien was created).

They charge more for relief from stay actions if you are going to oppose them. This is because it takes time to basically "contest" the motion and put up a fight.

I could see them charging more for 2004 examinations, as these are depositions that are out of the ordinary, so if they get tied up in these, then they'll want to bill more time.

As far as representation of the debtors for continued 341 meeting of creditors... I think this should be included, but now I'm thinking you got a really good price on your Chapter 13 attorney fees.

Having wrote all that, the exception to representation or services requiring additional fees, seems about normal (except for the additional 341 meeting thingy... especially if it's the attorney's fault!).

[meetsv]

justbroke,

Thanks, I don't know what cheap is, we are paying this lawyer $4500 for his so call service. So far, he is not answering our calls or emails, he gave us the wrong advice, he told us because we were behind on one of the car, this car could not be included in the plan. He is puting all the paperwork together without talking to us at all, the numbers he is putting together are not even close to our actual expenses.

[justbroke]

Thanks, I don't know what cheap is, we are paying this lawyer $4500 for his so call service.

Unless you have like 100 creditors, for $4,500, the attorney should attend any 341 Meeting, continued or not. How much of that is included in the plan?

So far, he is not answering our calls or emails, he gave us the wrong advice, he told us because we were behind on one of the car, this car could not be included in the plan. He is puting all the paperwork together without talking to us at all, the numbers he is putting together are not even close to our actual expenses.

For that kind of money, you should be getting better service. Seriously. I thought you were going to say that you paid $2,500 or lower for a Chapter 13.

[meetsv]

justbroke,

I paid $2500 and $2000 is included in the plan.

[Jenn]

Sounds like my 13 attorney. Paid him 4500 and he got all of it because of our large tax return, 1.5 years into the plan he decided to go into politics and dropped us. I don't even know how that is legal since we paid him!

[justbroke]

I paid $2500 and $2000 is included in the plan.

For the amount of service you're not getting, I say you paid $1,000 too much. But, alas, rates do vary across the States and I'm not sure if your case and plan are "complex" which warrants those fees.

As the same time, these attorneys are busy and and can't deal with everyone everyday. If you have issues with the Plan and your Means Test, make sure you ask for an appointment with your attorney to review the items and express your concern(s).