Can lawyer tack on more fees and charges after we finally get the confirmation (almost 2 years)? Or is he barred from charging me more for all this miserable length of time?
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A lot depends on your contract with the lawyer and issues that have arisen during your case.*** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***
My posts represent hours of research on and off the web, these forums, my experience, and my opinions. -
Originally posted by drednm View Post
The answer is YES, the attorney can petition the court for fee's to be paid from the plan. The attorney of course will have to file a claim with the court. Your contract with the attorney should outline all cost that is "included" and those cost that require an additional fee. If the court approves the additional attorney fees to be paid from the plan, then it just means less will go to the unsecured creditors.Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
Plan Confirmation 6/16/06 :yahoo:
Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:Comment
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It looked like we would be able to go chapter 7, but after talking with a senior member of the law firm, it looks like it will have to be chapter 13.
What has been frustrating is that I spoke with three different attorneys from that firm and they all gave somewhat different advice.
I do feel confident that "the boss" knows what he is doing, but one of the other attorneys really gave some questionable advice. Or he possibly did not understand the entire situation. I made sure I sent a detailed letter to the attoreny before our phone appointment today.
At any rate, he told me that since my case is complex, that their fees for chapter 13 would be much higher than chapter 7 and would be $4,000.
Does this seem about right?Comment
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INH2, have you consulted with any lawyers outside of that firm? Might want to try on where there is a trustee in the firm.*** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***
My posts represent hours of research on and off the web, these forums, my experience, and my opinions.Comment
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I 2nd Anon's suggestion.
Maybe chat with a couple of other attnys outside that particular firm to see what they have to say about your case.
And try Consulting a Trustee. You can find out who they are by checking your Court's home webpage.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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It's all a rook no matter how you look at it. My partner and I tried CH 7 on a lawyer's advice and paid him about $3,500 between us for nothing, then converted to CH 13 (after a wasted year) and paid out another $4,300 up front..... plus we had to pay other sundry legal fees like for transcripts of a moronic deposition we had to endure while the idiot trustee took a microscope to a year's worth of bank statements and check registers. This is the most degrading thing I ever had to endure. Treated like criminals all because I had to relocate and after FOUR YEARS we couldn't sell the old house and kept piling up credit card debt trying to keep up two houses.....
I just want it to END!!!Comment
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drednm, I feel bad for you...there are alot of broken people who come here but you always seem really down and depressed and even angry. I hope you can see some light at the end of the tunnel and realize that this is going to give you a fresh start. I know BK is hard, believe me. I had my REALLY down days..but I also had good days.
$4,000 seems WAY overpriced to me. Granted, I filed under the old law, but that still seems excessive. My whole cost for my Chapter 13 was $1,500.Date Filed: 12/19/2004
341 Meeting: 2/8/2005
Date Case Confirmed: 7/12/2005
Closed on Refinance/Chapter 13 Buyout 8/23/06Comment
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I filed under old law too.... I'm just mostly angry and frustrated about the constant stalls and delays and a VERY uncooperative trustee.... Sorry I vent so much but I just want this to END ... yet 2 months after I made the decision to get this off my back .... they are STILL haggling over details that don't even matter. I just need to get a confirmation so I can pay if off.....Comment
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Don't apologize for venting--we all need a place to come and share from time to time. Most of us hide Bk from our families and friends so at least you know you can come here to have a virtual family and a virtual hug when you need it. ((hug))Originally posted by drednm View Post*** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***
My posts represent hours of research on and off the web, these forums, my experience, and my opinions.Comment
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Originally posted by drednm View Post
Drednm, I didn't want an apology and I apologize if it came off as I was being judgemental. I was just pointing out that I felt bad for you because you always seemed so frustrated and upset. It sucks to have to be that and I was just hoping that outside of this forum that you can see some light at the end of all this.Date Filed: 12/19/2004
341 Meeting: 2/8/2005
Date Case Confirmed: 7/12/2005
Closed on Refinance/Chapter 13 Buyout 8/23/06Comment
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WE ALL HAVE DONE OUR FAIR SHARE OF "VENTING"............ BELIEVE ME...... so vent ahead ahead and get it off your chest............
This is the place, because we all do understand................
I too have had the terrible urge to "reach out and touch the Trustee".........make my blood boil sometimes just thinking about it..........Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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