Question Concerning Attorney

[$$only4ever]

Is it true that the attorney that filed your chapter 13 bankruptcy remains your attorney for the duration of the bankruptcy?

[lrprn]

Is it true that the attorney that filed your chapter 13 bankruptcy remains your attorney for the duration of the bankruptcy?

Yes. The lawyer you file Ch 13 with represents you for the entire 3 or 5 years until your case is discharged and closed. (Yet another good reason to choose your bankruptcy lawyer wisely! )

[HHM]

Hmm, yes and no.

So long as your attorney does not officially withdraw from the case (to do so, he would have to file paperwork with the court and notify you), as far as the court is concerned, yes, the attorney is your attorney for the length of the plan.

However, the FEE you pay typically does NOT include actually doing much of anything for you beyond confirmation. Thus, if you need to have your attorney do some work for you after the plan in confirmed, you will probably need to pay for that.

[spell]

Is it true that the attorney that filed your chapter 13 bankruptcy remains your attorney for the duration of the bankruptcy?

Read your contract.
Some contract through confirmation.
Some contract through the end of your case.

[lrprn]

Read your contract.
Some contract through confirmation.
Some contract through the end of your case.

Interesting. I've never heard of a Ch 13 lawyer who makes a contract with a debtor to jump ship after confirmation. All of the Ch 13 lawyers we spoke to in our area stated they would represent us throughout our entire case. That's what I see on multiple Ch 13 bankruptcy lawyer websites as well.

And HHM is correct - any out-of-the-ordinary legal services related to your bankruptcy such as handling objections, filing briefs, extra court appearances, etc. over the life of your plan often will cost extra.

[$$only4ever]

That was my understanding too. If the lawyer represented you through confirmation, he/she is the attorney until the bankruptcy was completed.

[spell]

And HHM is correct - any out-of-the-ordinary legal services related to your bankruptcy such as handling objections, filing briefs, extra court appearances, etc. over the life of your plan often will cost extra.

Another thing to review is your local jursidiction's views on fees.
Above the original stated fees, the atty often needs to petition court for further payment.

There's often an unwritten cap on the fees.
Plenty of CH13s get behind on stuff then bounce back and forth between Motions to Lift the Stay (for neglecting their mortgage) to Motions to Dismiss (behind on TT). Continually neglecting on to pay the other.

Their attorney covers each and every appearance, basically for free.
But don't have too much pity, these are balanced by seemless cases that need no work after confirmation and horrible cases that get dismissed quickly.
Or the type of double dips that are really aggravating, charge for a Ch13 that never had a chance to succeed, then charge again to convert it to a Ch7.

[HHM]

Here is the nitty gritty on Chapter 13 attorney's fees.

In every district...the BK court and the trustee will agree on a certain maximum fee that an attorney can charge for a chapter 13 and NOT have to petition the court for approval (they do this to alleviate the burden of the Motions for Fee Requests that would have to be heard in every chapter 13 and it actually makes chapter 13's a little cheaper). In addition, the BK court and the trustee will set out what services the attorney should minimally provide for that fee. If you can find it, this information is located in the Chapter 13 Trustee's Handbook (but the Local handbook, not the standard, national handbook).

Most people I have talked to indicate that the max fee allowed usually covers everything up to and including confirmation and six months of "case monitoring" after confirmation. However, your attorney is your attorney the life of the plan.

So, if there is additional work that needs to be done on your case beyond confirmation, i.e. you missed a payment, you want sell your house, buy a car, amend your plan, etc etc, the attorney is entitled to additional fees. Having your attorney help you with those aspects of your case is not covered by the fee you already. An attorney will still usually provide the service, but will then petition the court to take additional fees from your chapter 13 payment plan. This situation only becomes problematic if you are in a "tight" plan (i.e. mostly secured debt or very low disposable income, but with some minimum amount you have to pay to unsecureds).