I filed a chapter 13 in may, 2016 I could not get unsecured debts discharged due to a chapter 7 being filed in February 2012. On advice of my lawyer I let the case get dismiss by stopping making payments and am re-filing now so unsecured debts will be discharged. I now see I got extra hoops to jump through. MY question is my lawyer said I need to pay him the filing fee plus an extra $150 upfront because he has to file a motion to extend the automatic stay. He said the $150 is because he has to mail every creditor himself the letters for the motion to extend so the money pays for postage ect. IS this true? I though the court would mail out the letters?
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Since you are considered a "serial" filer, the attorney absolutely MUST do a "first day motion" and that would be to extend or condition the automatic stay. Standard practice. And, $150 is cheap for such a motion since my District allows $250 no-look fee for such motions.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt. -
Ok it wasnt really the fee I just thought it was odd he would have to mail a letter to every creditor. I thought once he filed it the court would send out the notices.Comment
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Your attorney is required to mail each creditor copies of any motions.Originally posted by adam1028 View PostComment
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