Should we expect the same legal fee to convert from a Chapter 13 to a Chapter 7 as we would if we just filed a Chapter 7 initially? We've already paid our attorney over $3,000 for the Chapter 13 and have been in the plan for only about six months. You would think the attorney would cut us a break.
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Legal Fees for converting from 13 to 7
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The fee for a Chapter 7 is usually less. However, fees are usually based on standards (the so-called "no-look" fee) in your particular District. Sometimes your existing attorney would give you a discount if you use them to convert you to a Chapter 7, since, if they use a computer package like BestCase, they don't have to re-enter all your information. Not that it would need to be re-entered anyhow, but it helps!.
The attorney -- new or not -- would still need to attend the new 341 Meeting of Creditors. Based on local rules, they may need to file a new Means Test using the Chapter 7 version of it (Form B22A). They also need to file a Statement of Intentions and serve it on the creditors that need to be notified. There is "some" work to be done!Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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FWIW, we paid my attorney $2500 for the Ch13 (an additional $2000 was to be included in the plan) and now he is charging us $500 for the conversion to Ch7. I know it's extra work for him, but it seems a bit excessive. If he can get us a successful Ch7 conversion though, it will be worth every penny. Gods forbid we have to convert back to a 13...DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011
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Nice attorney!Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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When converting, there's paperwork to update and file, the conversion fee for the Court... the attorneys time to attend the new hearing, and you have a different trustee assigned now, so documents may be requested by the new trustee, of which the attorney/his office must copy, review and send.. as well as any issues that may come up with the conversion. It's common for a conversion to be several hundred dollars... not fun, but common!
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