Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

OMG at the last minute my lawyer is gouging me for more cash out of pocket!!!

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • OMG at the last minute my lawyer is gouging me for more cash out of pocket!!!

    He said the chapte 13 can come out of my payments to trustee (I already gave them 2000.00) and now he just called and said he wants another 2000.00 up front. I told him to forget it. He is gouging!!

    Thoughts?
    Discharge date: October 2017 (will it ever get here?)

  • #2
    He can only ask for so much and the rest is included in the bankruptcy. Or at least thats what i thought. Did you ask him why all of the sudden he wants more money? Nc attys can only charge 3250 for a 13. We will pay a total up front of 995 plus the filing fee and the financial course fee total of 315. I would be pissed too and demand a reason!
    Filed 13: 8/22/2012 341 Meeting: 10/2/2012 Confirmed: 11/2/2012
    10 payments down 50 more to go!

    Comment


    • #3
      $2000 more yes. Up front no. The second part should be included in your payments. We paid $2000 up front and the rest in payment as part of my Ch13 and they were the first creditor paid in full. They were also allowed to charge me a fee for stripping the 2nd mortgage, and that had to be approved through the courts.
      I am willing to bet your trustee and the judges in your area would agree that some of the fee should be included as part of your payment in your Ch13.

      Keep us posted, please.
      11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

      Comment


      • #4
        I imagine this put you in a dilemma. You don't want to circumvent your lawyer by going to the Trustee, but you also don't want your lawyer against you either.

        Comment


        • #5
          You were given a fee agreement. What does it say regarding how much you are being charged and when payment is due? The attorney, just like the client, is bound by the signed fee agreement.

          Des.

          Comment


          • #6
            To be fair to the attorney, the OP went from filing a Chapter 7 to deciding midstream to file a Chapter 13 with mortgage arrears and lien stripping of a second and a third mortgage.

            Would his fee agreement cover switching BK Chapters?

            I do wonder why the extra fees can't be added in the plan, though.
            ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
            Not an attorney - just an opinionated woman.

            Comment


            • #7
              Originally posted by ValleYum View Post
              the OP went from filing a Chapter 7 to deciding midstream to file a Chapter 13 with mortgage arrears and lien stripping of a second and a third mortgage. Would his fee agreement cover switching BK Chapters? I do wonder why the extra fees can't be added in the plan, though.
              Yes. . . new info as I have not read OP's posting history.

              No. . . 7 fee agreement typically would not cover changing chapters. A new fee agreement covering a 13 would be needed.

              In cases such as this, we apply what has been paid for the 7 to the 13 and typically do not require additional fees up front since we bill on an hourly basis for our 13's. We would just convert our Chapter 7 time from fixed to hourly and go from there. However, most attnys bill on a fixed fee and, depending upon what work was done by the attny in dealing with a Chapter 7 before a decision was made to go to a 13, maybe additional up front fees would be warranted. Just no way to really tell.

              Des.

              Comment


              • #8
                Thks! He told me in the face to face meeting that all fees to do chapter 13 would be part of plan! The only thing they did for the 7 was schedules, no filings, hearings or anything! They didnt even speak to a crediter!!! He called me and said that he knew i had cash cause i wasnt making payments. That was wrong! When u file a 13 you have no cc for 5 years and i was going to use that as an emergecy fund and not much of one at that! I have since decided this is a very bad move and the universe is looking out for me! I called my creditors and will use that cash to get cought back up and that greedy sob can bilk someone else ! I am sure karma will prevail with the ambulance chasers!!!!
                Discharge date: October 2017 (will it ever get here?)

                Comment


                • #9
                  Oh and i get 0000 back from the 2000.00! Nothing!
                  Discharge date: October 2017 (will it ever get here?)

                  Comment


                  • #10
                    Don't get caught up with creditors. Your money would be better spent by either paying this attorney what he requires to move forward or hiring another attorney. It really is not unreasonable for him to expect more upfront to file a 13 with a lien strip. Most of the work is done in the beginning and there is a risk that you won't complete the plan and he will not get paid the entire fee. But, he should stick with what he told you during the meeting when you decided to switch to a 13. Perhaps you could negotiate and offer him another $1000 up front.

                    As to how much he can get up front, it depends on the local court rules. In some districts, there are limits to what he attorney can collect in advance, in some there aren't. What district are you in, dmc-2008?
                    LadyInTheRed is in the black!
                    Filed Chap 13 April 2010. Discharged May 2015.
                    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                    Comment


                    • #11
                      Originally posted by dmc-2008 View Post
                      Oh and i get 0000 back from the 2000.00! Nothing!
                      Just reading this again. Do you mean that he is not crediting any part of the original $2000 to your Chap 13? How much total is he charging for the 13?
                      LadyInTheRed is in the black!
                      Filed Chap 13 April 2010. Discharged May 2015.
                      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                      Comment


                      • #12
                        Thats right he is crediting me nothing. He WAS probably going to take my cash AND charge the bk! He did me a favor! I am going to eat beans and just scrape by and keep my condo! The market is picking up and i would rather lose it all then see someone like get RICHER off bad fortune of others! I am a frien to that law offifce and did expect some consideration!
                        Discharge date: October 2017 (will it ever get here?)

                        Comment


                        • #13
                          I am sorry to sound bitter but am hurt and angry and dissppointed
                          Discharge date: October 2017 (will it ever get here?)

                          Comment


                          • #14
                            I would contact the bar about that because something there just doesnt seem right!
                            Filed 13: 8/22/2012 341 Meeting: 10/2/2012 Confirmed: 11/2/2012
                            10 payments down 50 more to go!

                            Comment


                            • #15
                              jc is correct. If you have a legitimate fee dispute with the attny you can contact the State Bar. Most have a fee dispute resolution program.

                              The problem is that we do not know what was done in your case before the decision to do the 13 was made. We do not know how many times you met with the attny or for how long, how many times changes to documents had to be made, how many times you had to go over things with the paralegal. We simply cannot determine if what you were charged was reasonable under the circumstances. Regardless of the fee agreement, if what was paid was not "reasonable" you may be entitled to recoup some of it. On the flip side, if the time expended on your case was out of the ordinary. . . well you get the picture.

                              You should calmly discuss the fees with the attny. If you are not satisfied and believe the fees paid are not reasonable, contact the State Bar.

                              Des.

                              Comment

                              Unconfigured Ad Widget

                              Collapse
                              Working...
                              X