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

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as 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: (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 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

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 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

Fee Agreement, is my attorney charging too much?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Fee Agreement, is my attorney charging too much?

    Today I finally read through the "Fee Agreement" form. I have no idea why I waited a week or so while collecting and filling out all of this information. I believe it was due to the cost of filing written on the front and didn't give much thought to anything else (attorney didn't go into much detail). Considering I have no idea how much everything should cost I felt it would be wise to ask you guys for your insight.

    To start the fee for the attorney to file is 900.00, with an additional 335.00 filing fee. I believe I was told it seemed reasonable. But then I started to notice more and more questionable things as I went through the packet. I am just going to list each below and hopefully someone can tell me if it sounds unreasonable.

    - The services provided for that fee include: one meeting to turn the paperwork in, preparation of the paperwork, a meeting to sign the paperwork, filing of the original BK petition, necessary schedules, statements, list of creditors and the appearance of the attorney at the initial meeting of the creditors.

    I am hoping that will pretty much cover everything that needs to be normally done?

    Some things I am confused on and or surprised that you get charged for.

    - Any additional meetings with clients

    - Additional 341 meetings

    How many are there?

    - Excessive interaction with your creditors, due that there are no guarantees that your creditors will comply to BK laws. If it is necessary to inform creditors about your rights or otherwise force them to comply with BK laws you will be billed for time spent on those matters.

    How am I suppose to keep the creditors from calling excessively?

    - The trustee or UST may request information that was not required to be provided at the time of filing (verification of property values, expenses or documents regarding transfers). This is common if your income is above the median.

    My house might be on the edge of approval, so I wouldn't doubt if there is some "back and forth's", is this what that means?

    - Reaffirmation charge.... for each thing you want to reaffirm... (I believe it is 200 each, cant find it again)

    Chapter 13 ONLY:

    - Responding to any objection
    - Disputes over values of estate

    - Short Filings (no idea what that is), includes only the petition and list of creditors being filed. To send them to all creditors you have to pay the base fee + hourly and all expenses.
    - Expenses including court fees, long distance charges, postage, copies (10 cents), faxes (20 cents) will be charged.

    There are a few dozen more but these stuck out to me. Oh and the hourly rate is 250.00..................

    Maybe this is normal? Maybe it's a complete scam? I have zero clue but some of it sounds insane. Also in there it's mentioned that there is a fee to show up at court for the final whatever. It's not included.

    I am reaffirming two things, car and house... I can't believe that's another 400 I need to come up with.

    Any thoughts?

  • #2
    Totally reasonable. The only reason for there to be additional 341 meetings is if you screwed something up, failed to provide paperwork, etc. The automatic stay keeps creditors from calling, I would assume they're defining "excessive" as having to file motions against creditors who violate the stay. Reaffirmations require additional paperwork and judge approval so the extra money seems reasonable to me for those.
    This post does not constitute legal advice. If you use this advice instead of that of a lawyer, God help you.
    Filed CH 7: 5/11/17 341: 6/12/17 Discharge: 8/14/17


    • #3
      This is totally reasonable and is probably in line with what most districts call the "no-look" fee. The no-look fee is all about a specific set of services which the attorney provides in a lump-sum. Any additional work is billed at the rate disclosed in that services agreement; yours is $250/hour. A Chapter 13 can take a lot of work and the attorneys are really not there for free. This agreements sets your level of expectation is is a contract.

      I would never reaffirm anything unless absolutely necessary. In my case I only reaffirmed one car and redeemed the other. I did not reaffirm my mortgage. In my district you can only surrender, redeem or reaffirm vehicles so I had no real choice on the reaffirmation (at least I was about even as far as equity was concerned).
      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.


      • #4
        Thanks guys, I just wanted to make sure as I had no idea and it looked like it could sky rocket into the thousands, which filing BK means of course I am broke. I am already having to scrape together enough money to pay the upfront cost. So is it normal to pay for each reaffirmation? If I want to keep my car and house don't I need to do that to save them?

        Oh and, can you have chapter 13 fees "rolled" into the bankruptcy? Thought I read that somewhere.


        • #5
          It is normal to pay for each "a la carte" item in the fee agreement. The no-look fee only includes typical, simple, standard bankruptcy cases. Whenever a hearing is required or a paper (motion) is necessary, outside the typical case, that is considered a la carte.

          There is usually no reason to reaffirm unless required. Ask your attorney if it's required in your district to reaffirm yoru car and/or home. It's better not to reaffirm as it gives you flexibility later.

          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.


          • #6
            I agree that those are reasonable fees, including the $250/hour rate. There should only be one 341 meeting if all your paperwork is in order when it is filed, so I wouldn't worry about more of those meetings.

            Also most creditors really will halt their phone calls and threatening letters after you file. I don't think many of them want to risk legal action for not following BK laws and regulations. I had just started getting calls at work from the mortgage servicers the week before I filed--they did not call me again until after I received my discharge. Any letters I got in the mail during the stay, too, all included the "this is not an attempt to collect a debt" wording at the bottom and many even acknowledged my Ch 7 filing.


            Unconfigured Ad Widget