Just curious, mine was quoted at 5400.00
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What is everyone paying for there chapter 13 in california
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Originally posted by jmac View PostJust curious, mine was quoted at 5400.00Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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Let me add my usual proviso on these types of threads
Every case is different. What one person pays in no way helps you determine if the fee your being charged is appropriate.
For chapter 13 specifically, each BK district (CA has 4) has what is known as the "no look" fee. Each BK district has determined the maximum fee an attorney may charge for providing a basic chapter 13 case without having to submit a detailed billing statement. In BK 13, the law requires that an attorney justify their fees. For convenience, the courts have outlined the minimum services required to be provided and the max fee the attorney may charge. If the attorney services exceed that fee (which is almost always because the the ivory tower judges have NO SENSE of the real time involved in a chapter 13), the attorney must submit a detailed fee application.
Most of the time, the attorney will charge an up front fee and then roll the remainder of the fee into the client's payment plan. Thus, the attorney will take money from your unsecured creditors. In most cases, this arrangement does not effect you because the amount of fees rolled into the plan does not change your monthly payment, it only means your unsecured creditors get less.
Some attorneys have very sophisticated chapter 13 practices and can make EVERY chapter 13 into a $6,000-$10,000 case and have those fees approved by the court, most attorneys are relatively lazy and under bill their chapter 13's.
As for paying in the plan, that is a business decision by the attorney. Many attorneys roll fees into the plan, but some don't. Or, I should say, some will require the full minimum be paid up front and then only bill the chapter 13 plan for true extras. I prefer the later for a couple reasons.
1. Chapter 13's (are a good option), but are very risky, many fail. So, you could be in a situation where your attorney has not been paid for work already done, and you need his help to change things based on things you did or changes in your circumstances, this is a conflict of interest.
2. If you cannot come up with the full chapter 13 fee up front, then odds are, you should not be a chapter 13.
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I am in the California Central District, Riverside Court and paid $3500 total. Max no look fee in our court (at least according to the admonishments given to some of the lawyers during the 341 hearings) was $4000.
You could probably call the local bar association and ask what the standard no look fee is in your area.
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are we talking attorney fees or trustee? I paid my attorney a total of $2274 in my plan. I don't recall what I paid up front. The trustee is another matter, he'll get $5,849 out of me to disperse to the local government. This was in the midwest though.
I think I recall filing because I couldn't make the payments anymore.. I still can't make the payments. Thank you Trustee, classic stab in the back!
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Im just wanting to know what you payed youR lawyer, i havent even payed in full so not the payment plan or the trustee amount. I payed 2400 in full to do a chapter 7, which i can't do now so i have to pay another 3300 to be able to start my 13 or ask any questions...thought it was kinda high but since i already paid 2400 of which i know i wont get back trying to figure out if maybe i should try someone else for the 13 if it as much as im going to pay my firm.
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