Attorney additional charges...help

[dovette7]

As mentioned in previous post, my attorney is charging us more because we have to go to hearing. I got the bill today....$2500.

Our court date was set for May 10th, postponed to May 31, postponed to July 12th. The statement was itemized with things like:
1. Left message for trustee
2. Conferance with another attorney on pool of funds
3. Telephone call with trustee on necessity of hearing.
4. Spoke with client on mistakes in B22 and extra deductions
5. Spoke with trustee with him deciding hearing is needed.
6. Email to client. Review of correspondence from client
7. Research for hearing
8. Spoke with trustee via emails on upcoming hearing
9. spoke with client and trustee about coming up with more feasabile budget.


The last time we talked about additional charges, they were going to get me what they would charge, and let me know, and we would do a payment plan.
I got the bill this week (just got in from out of town)

So instead of freaking out... I'm asking questions.
Is this normal? Since we have to have a hearing, are these normal charges for additional services at $250 per hour?

How are we supposed to pay this? Could this be included in our plan somehow? I know I have to ask attorney but has anyone had experience in this?

to top that all off, all the medical bills AFTER we filed are coming in...
trying not to cry.

[lrprn]

Is this normal? Since we have to have a hearing, are these normal charges for additional services at $250 per hour?

Yes, this is normal. The bankruptcy fee we 13ers pay to our lawyers covers the typical bankruptcy course only. Anything else such as handling an objection is extra. The $250/hr is probably your lawyer's standard hourly fee (a typical hourly fee for bk attorneys).

How are we supposed to pay this? Could this be included in our plan somehow? I know I have to ask attorney but has anyone had experience in this?

I don't know whether the extra fees for handling the objections can be included in your plan at this point or not. I tried to research this online but came up empty . Please let us know what your lawyer tells you, Dovette - I'm interested too.

to top that all off, all the medical bills AFTER we filed are coming in...
trying not to cry.

I feel your pain on this one - I was unexpectedly hospitalized 12 days after we filed too. Go talk to the hospital and doctor's offices that are sending you bills. Often the hospital can arrange a reasonable payment plan for you, sometimes as low as $25/month (ours is $50/month - tough but so far we're making it). Same thing for the doctor's offices. Keep us posted on what happens, ok? Good luck (and hang in there)!

[wooisme]

I don't know that sounds really OFF to me...I mean I had the trustee object to my plan, had a continued confirmation hearing, then had to do an amended plan, and I didn't pay one dime extra, not ONE dime.

Ok, we didn't add a creditor or change the amounts of the balances but the lawyer did not charge us extra for all of this.

talking to the trustee, and all, and even the confirmation hearing if they have to go is not extra where I am.

as a matter of fact, the only thing we would have to pay is the court fee if we had to add a creditor or change the way the creditor was listed...

Do these people KNOW the meaning of the word BANKRUPTCY...........it means NO MONEY>>>>>>>>>>>>>>>.BROKE! and where do they think your gonna GET this money.

[lrprn]

I don't know that sounds really OFF to me...I mean I had the trustee object to my plan, had a continued confirmation hearing, then had to do an amended plan, and I didn't pay one dime extra, not ONE dime.

Amending a plan and electronically filing it doesn't take very much time, and on confirmation days chances are your lawyer is there in court already with other clients. Dealing with an objection that requires the lawyer to create and file briefs as Dovette's does is much more time-consuming. Chances are that's why her lawyer is charging her extra.

Do these people KNOW the meaning of the word BANKRUPTCY...........it means NO MONEY>>>>>>>>>>>>>>>.BROKE! and where do they think your gonna GET this money.

Whether we broke folks like it or not, lawyers have financial obligations too and they deserve to be paid for their expertise. We expect to pay doctors and other professionals when we need their expertise - lawyers are no different.

Fortunately most bk lawyers will try to work out reasonable payment plans for their clients when unexpected extra fees pop up. If Dovette can't add the extra fees into her Ch 13 plan, hopefully her lawyer will work with her to set up something she can afford.

[wooisme]

Gosh I certainly hope so............jeepers creepers

[HHM]

Yes, that is all normal.

[dac67]

I personally think it's out ragious , but they are lawyers and thats why they get the rep they do.
Our attorney charges 250.00 for EACH occurence, not 250.00 for everything he does.
Let's be real , I highly doubt he spent OVER AN HOUR sending an email or OVER an HOUR on each thing listed, cause there is only 9 , so YAH I believe you got raked big time. PLUS doesn't always do everything he has others in the office send an email etc.
I think it's sickening, and I feel sorry for you, I wouldn't beable to afford that at all. Best Wishes!

[dovette7]

I just got another bill from attorney. Out initial case cost $3500. $1000 upfront and rest in plan. With the additional stuff they have charged me $2881 MORE. I can understand paying for research needed for the hearing but what about this?

1. Conference with my attorney and another attorney in same firm on "pool of funds" and the hearing $112.50

2. Spoke with client re: deductions
listed in B22; Went through possible
places mistakes had been made and
needed deduction not taken $250.00
What is interesting here is that the "possible" mistakes that were made...were her mistakes that I caught. Not adding in 401K loan and our rent expense in B22. So I'm being charged for catching her mistakes and discussing it with her??

3. All calls and emails to Trustee regarding my case: $1077.50
This was communication to try and get trustee to confirm case. He decided on My 4th that our case must be heard on May 10. Then postponed date to may 31st to see if there was anyway he could confirm.
It seems to me that all the communication and emails back and forth to trustee trying to get my case confirmed would go under the basic services I hired them for??

4. Photocopies $167. Parking 9$ Postage $47.50
I guess every document I have given her I'm being charged for? Parking for hearing?? Wouldn't this also be under basic services.
We went to court May 10th for confirmation hearing, it was postponed until May 31, then postponed in advance until July 12th.

5. Email to me about hearing...and review my correspondence $125.00


I am so upset over this. I know this is their job and it certainly is not for free. However I have done research on what the US Bankruptcy Court Guidelines are for attorney services in bankruptcy. In my opinion, much of what I'm being charged extra for should be in the services I hired them for at the beginning. Am I just wrong?????

I have no problem with paying for reserach for the hearing but there have been no briefs filed...nothing like that. The month of May was attorney trying to get trustee to confirm without going to court...didn't happen. And to be charged $250 for a phone call that I was questioning where expenses were in B22....got almost brushed off...then a call back an hour later saying I was right. Rent and 401K wasn't added in so she redid it. So I get the bill?

Am I really valid in feeling this way? If not, someone please let me know that all this is normal..

[CindyLou]

Isn't the max amount set by each district? Does the trustee even allow for these crazy charges? That just doesn't seem right.

[rrockinggramma]

My attorney submitted his bill for additional charges to the trustee and it was paid out of my plan. Since you have yet to be confirmed, I do believe your plan can be amended to include those charges. After confirmation you would be out of luck. So, call the attorney and tell him to put them in the plan. After confirmation however, they will be paid first before any creditors get their money.