missed listing creditor after filing but before 341

[lillymarlene]

Hello, I just have a question, is it very difficult for a forgotten creditor to be listed after filing ? (but before the 341) After my attorney filed my bankruptcy, about a week later I noticed a creditor (store credit plan) for about $950 that I had forgotten about. I told my attorney about it, and he flipped out and said: I'm going to pay for this big time! He said think about how I'm going to try and pay him any extra!

No exscuse, but I might also mention, for awhile I haven't been feeling like myself. The day after I signed the plan my stomach was in knots for about 3 days. Then other things I have not had a very good year ( this bankruptcy is just one of many things.) Found out a few months ago I have 2nd stage C.O.P.D. and just recently started (last week) on medication to try to breathe better. My plate is full. Well thanks for letting me vent.

[AngelinaCatHub]

Your lawyer is an @zz whole. It is 26 bucks to append the paperwork. Do it yourself. Call your Courthouse and ask the bk clerk what to do and then do it yourself. Tell your attorney that you took care of it and "never mind". In fact, what I know now, I would tell him to pizz off and go pro se. Just my opinion. 'Hub

[smoothdaddy]

I agree with AngelinaCatHub. Your lawyer is an a**hole. Its $26.00 to file the amended paperwork, which is adding a creditor to your petition. Your attorney might charge you about 150-200 to do this. Bypass him/her and ask your bk court a procedural question of adding the creditor.

[justbroke]

Most attorneys that I know, charge $150-$200 to amend a schedule to add a creditor. If your attorney was to charge $950, you'd only need to ask the Court to disgorge his fee. There are what they call standard fees, and that is published to attorneys in almost EVERY district. The amount you quoted is absurd.

Additionally, since it appears that you're in a Chapter 13, the amendment should be covered in your "standard" no-look fee since attorneys get to charge a monthly "monitoring" fees in a Chapter 13 -- basically a retainer for the duration of the Chapter 13.

[LadyInTheRed]

Massachusetts local rule 13-7(c):

Application for Additional Attorney's Fees. An attorney who proposes to charge a debtor more than $3,500 in the aggregate for legal services in a chapter 13 case prior to confirmation, or $500 in the aggregate for such services after confirmation, shall file an application for compensation in accordance with Fed. R. Bankr. P. 2016 and MLBR 2016-1.

http://www.mab.uscourts.gov/pdfdocuments/LR_12-09.pdf

lillymarlene, if you are already paying your attorney $3,500 for pre-confirmation services, he'll have to petition the court to get more and show that the total amount of work he performed, including preparing the amendment, is worth more than $3,500. Tell him to file the amendment and that you will figure out how to pay the additional fee if the court approves it. If you are paying him less than $3,500, ask him how much the amendment will cost. If you can't come up with enough to pay him, suggest it be included in the plan. If he won't do that, amend it on your own. You're attorney is a jerk, but he works for you. Remind him of that if you have to. It's not his job to chastise you.

Justbroke, $950 is the amount of the debt not included in the petition, not what the attorney said it would cost to amend.

[justbroke]

Justbroke, $950 is the amount of the debt not included in the petition, not what the attorney said it would cost to amend.

You are right.

So, I retract part of my statement. There are some standard fees and a charge of $150-200 to amend your petition is normal. However, since it's a Chapter 13, this may already be included in the standard "no-look" fee.

[lillymarlene]

Thanks

Hello, Thanks everyone for the advice. All total I will be paying him ($1,800 was paid up front, and $2,000 is to be included in the plan) $3,800 total and now probably more. I think he is being a jerk about it. The trouble is however, I feel I now have so much invested in (time, effort and $$$) and now I have to find out he's quite the jerk. Guess I will just have to remind him that I hired him, and not the other way around.