Cost for Chapter 7 exemptions during asset case

[vhs]

Sorry if this has been covered already, but what is the cost to modify exemptions or add exemptions to an open chapter 7 case?

And this should be easy to do, I would imagine. Its a simple situation, but my attorney seems to want to complicate things because he doesn't understand his own lawbook.

So annoying. All of this. Courts. Attorneys. I guess that is life when people and organizations want to take advantage of citizens. Fighting back must be done to save assets.

[justbroke]

It's not simple when you change your exemptions late in the game.

The cost depends on your attorney and their fee. Some will charge a flat fee based on some time increment. For example, an attorney might charge a flat fee of $100 to update the exemptions. The real problem is service of the amendment to all creditors plus the Trustee and United States Trustee. In the past, postage was an issue, but now everyone uses CM/ECF and it is required that all creditors and other entities (IRS, state/local government, etc.) do so. The "service" of the amendment would to these electronic subscribers.

So, yes, an amendment to your claim of exemptions creates work. It's not just the form amendment, but they will also need to update the schedule of schedules and summary forms.

So it's your attorney fee plus $34 (filing fee), plus any necessary postage.

[vhs]

Thanks for the response. I am surprised it is taking so long to do this exemption. It just takes a few phone calls. I guess all attorneys have different abilities and understanding of the law. I don't blame my attorney for taking his time, just disappointed he doesn't know the law that well.

[justbroke]

I don't know if the attorney doesn't know the law. An attorney still has to do their due diligence. You can't ... well... you shouldn't claim an exemption which doesn't apply. I think that Des gave you a bunch of caselaw, but you then clarified that this was back pay and not something else.