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

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Case Confirmed?

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  • Case Confirmed?

    The NDC site now states date case confirmed as 6-7-17, so now I just lay low and make my payments religously to the trustee?
    Also do attorney's really file a claim for more then their upfront filing fees? My attorney was paid $1300 and the NDC site says he has a claim for an additional $2600 more, this seems sneaky
    Last edited by 5yrplan; 06-08-2017, 10:02 AM.

  • #2
    Paid my attorney half up front other half through plan, but I knew that was how it went before confirmation


    • #3
      My attorney filed a claim for an additional $350 for two claim objections that I had, but his up front fees were clearly stated from the beginning.


      • #4
        If you weren't aware of the extra charges from your attorney, I would just give him a call and ask. There's probably a good reason; but you won't know if you don't ask
        Congratulations on the confirmation, you're now on your way to debt freedom.
        Filed Chapter 13 - 07/20/12
        Discharged 8/2/16


        • #5
          This attorney claim has been on the NDC site since the first day I logged in back in March, he never mentioned it. Thanks


          • #6
            It would be in your fee agreement. Almost every single Chapter 13 will have the largest portion of the attorney fees "included" in the plan (from day 1). That is clearly outlined in the fee agreement. A Chapter 13 can cost $3,875-$5,875 or more in total fees. The attorneys have you pay $1,500 or so up front and put the rest in the plan. Our no-look fee here in middle Florida is as follows;

            The Presumptively Reasonable Fee for cases filed on or after April 1, 2016
            1. For plans of a duration of 36 months or less: $3,875.00
            2. For plans of a duration of 60 months: $4,225.00
            3. For plans of a duration between 36 and 60 months: the pro rata portion of $350.00 ($4,225.00 - $3,875.00) based on the months in excess of 36 divided by 24, plus $3,875.00. For example, for a 48-month plan, the additional fees will be:
              ($350.00 x (48-36)) divided by 24 or ($350.00 x 12) divided by 24 = $175.00 plus $3,875.00 for a total fee of $4,050.00.
            4. The Presumptively Reasonable Fee is increased by an additional $300.00 if non-Florida exemptions apply to the debtor.

            There are additional fees for special hearings (lien strip, etc) at an average of $300/hearing.

            NOTE: these are "presumptive" fees which would not normally be questioned by the court. An attorney can always file a fee application to explain any charges above and beyond these "normal" expected charges.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.


            • #7
              Your total fees and fee schedule should be in your agreement with your attorney and it should be listed in your Ch 13 petition. If the $2600 isn't in those documents go to PACER and look for your attorney's fee application to the BK Court under your case. I believe the application is submitted for attorney fees incurred after the petition is filed.
              Filed Ch 13 Fall 2013, 60 month plan


              • #8
                Well my case is confirmed so I'll just focus on making my payment now. I didn't know my attorney was adding on fees to the original amount requested of $1300 until I saw it on the NDC site, oh well it's in the plan. Thanks


                • #9
                  Originally posted by 5yrplan View Post
                  Well my case is confirmed so I'll just focus on making my payment now. I didn't know my attorney was adding on fees to the original amount requested of $1300 until I saw it on the NDC site, oh well it's in the plan. Thanks
                  What's nice is that those fees don't come out from your pocket. They are paid with your DMI so it is the unsecured creditors that receive a lower distribution.

                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  I am not an attorney. Any advice provided is not legal advice.


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