Hello. As you may (or may not) have read in my previous postings, we are filing 7 over median...almost twice median in fact. I should say, we FILED 7, as of this morning.
I expected to file a 13, but we passed Part 3 of the Means Test by a good margin, so the Presumption Does Not Arise, and so I hope the UST will see it the same way.
BUT....if not. If we do get the classic 707(b) objection, I have a few questions.
On the Disclosure of Compensation of Attorney for Debtor in our paperwork, our atty had crossed out section 5(d), which reads,
In return for the above disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including:
Representation of the debtor in adversary proceedings and other contested bankruptcy matters.
He then filled in part 6, and had us sign. In part 6, it says,
By agreement with the debtor, the above disclosed fee does not include the following services:
In the event that any further legal representation is required after the 341 meeting, including but not limited to, responding to any objection to exemptions, requests for turnover of property, further examination of the debtor following the 341 meeting, defending any adversary proceedings for nondischargeability of debt or denial of discharge, defending 707(b) Motion to Dismiss, or providing any legal services for any other unanticipated problem, XXXX P.C. will represent the debtor only upon receipt of a further retainer to be determined, which will be applied to additional services chargeable at (A BOATLOAD OF MONEY) per hour, plus expenses. Unless satisfactory arrangements are made, XXXX P.C. will not provide further legal services to the debtor following the 341 meeting.
Is it normal for attorneys to do this????
I thought the fees paid to the attorney, which by the way were higher than the going rate around here above the $299 filing fee, were all-inclusive in getting through the CH 7. The Disclosure of Compensation as much indicates that in part 5, which he just struck part out.
I feel like we were hung over a barrel, as this was presented as the last paper to sign, AFTER we had been through everything else. I am NOT happy about it, and feel rail-roaded, unless one of you attorneys or paralegals on here tells me this is normal.
I am quite concerned there WILL BE a 707(b) objection and we will have to contest, so now I'm going to hafta find money I don't have to pay for representation in these matters, except the rainy-day savings we have stashed, that he, of course, knows about. I thought it would be included.
Also, I have been reading on this Board that in many circuits, 401k Loan repayments are NOT considered an expense in a CH 7, but our attorney did not question it as such in our schedules, so am I to guess the 8th Circuit does not make a fuss about them?
I won't at all be surprised if in the end, this somehow gets pushed into a 13, which I expected to have to file in the 1st place.
I expected to file a 13, but we passed Part 3 of the Means Test by a good margin, so the Presumption Does Not Arise, and so I hope the UST will see it the same way.
BUT....if not. If we do get the classic 707(b) objection, I have a few questions.
On the Disclosure of Compensation of Attorney for Debtor in our paperwork, our atty had crossed out section 5(d), which reads,
In return for the above disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including:
Representation of the debtor in adversary proceedings and other contested bankruptcy matters.
He then filled in part 6, and had us sign. In part 6, it says,
By agreement with the debtor, the above disclosed fee does not include the following services:
In the event that any further legal representation is required after the 341 meeting, including but not limited to, responding to any objection to exemptions, requests for turnover of property, further examination of the debtor following the 341 meeting, defending any adversary proceedings for nondischargeability of debt or denial of discharge, defending 707(b) Motion to Dismiss, or providing any legal services for any other unanticipated problem, XXXX P.C. will represent the debtor only upon receipt of a further retainer to be determined, which will be applied to additional services chargeable at (A BOATLOAD OF MONEY) per hour, plus expenses. Unless satisfactory arrangements are made, XXXX P.C. will not provide further legal services to the debtor following the 341 meeting.
Is it normal for attorneys to do this????
I thought the fees paid to the attorney, which by the way were higher than the going rate around here above the $299 filing fee, were all-inclusive in getting through the CH 7. The Disclosure of Compensation as much indicates that in part 5, which he just struck part out.
I feel like we were hung over a barrel, as this was presented as the last paper to sign, AFTER we had been through everything else. I am NOT happy about it, and feel rail-roaded, unless one of you attorneys or paralegals on here tells me this is normal.
I am quite concerned there WILL BE a 707(b) objection and we will have to contest, so now I'm going to hafta find money I don't have to pay for representation in these matters, except the rainy-day savings we have stashed, that he, of course, knows about. I thought it would be included.
Also, I have been reading on this Board that in many circuits, 401k Loan repayments are NOT considered an expense in a CH 7, but our attorney did not question it as such in our schedules, so am I to guess the 8th Circuit does not make a fuss about them?
I won't at all be surprised if in the end, this somehow gets pushed into a 13, which I expected to have to file in the 1st place.
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