It appears to the Court that the compensation paid, or agreed to be paid, to Debtor's counsel may exceed its reasonable value. In this Court, in accordance with the memo issused on March1 2008, the presumptive fee approved for below-median debtor's case is $1,100.00. All fee disclousre exceeding the presumptive fees are referred to the bamkruptcy judge for review.
Consumer bk cases are limited by fixed fees unless the quantity or nature of required services materially exceeds the norm. The court assumes counsel will provide a typical range of services required in a typical case. If cetainservices are excluded or included, or if complexities in the case require services beyond those typically required, the court anticipates disclousre of such. While hourly rates and time expenditures are not unimportant, the focus is on the nature of services provided.
Through full disclosure of the representation contemplated by cousel in the cae, the court can determine the amount of resonable compensation to be award under 11 U.S.C 330(a). Unless cousel can demonstrate services inclusion or complexities warranting additional fees, the court will not approve amounts above the presumptive fees.
Accordingly, Debtor's cousel shall file, by no later than January 7,2010, an explanation as to why this case falls outside the board parameters of cases included within the normal range of fees. An explanation of any services are included in the fee may be helpful. Counsel should also include an explanation of complexities.
It is so ordered.
So does this mean our BK counsel charged us to much for our Chapter 7 BK and we are way under median?
We paid her $1400 for Ch 7 - we are not reaffirming our primary house, rental house, or 1 car just doing ride through since Dh is laid off just in case we need to walk away.
we gathered all docs and info for her had free 1st consult other then that we never talked excpet twice for about 10 mins or less over phone while looking over petiton.
Will trustee just keep the diference then if it's suppose to be $1100 vs $1400?
Or will counsel found a way to explain $1400 fee?
Our 341 is Feb 2nd can not wait
Thanks
Consumer bk cases are limited by fixed fees unless the quantity or nature of required services materially exceeds the norm. The court assumes counsel will provide a typical range of services required in a typical case. If cetainservices are excluded or included, or if complexities in the case require services beyond those typically required, the court anticipates disclousre of such. While hourly rates and time expenditures are not unimportant, the focus is on the nature of services provided.
Through full disclosure of the representation contemplated by cousel in the cae, the court can determine the amount of resonable compensation to be award under 11 U.S.C 330(a). Unless cousel can demonstrate services inclusion or complexities warranting additional fees, the court will not approve amounts above the presumptive fees.
Accordingly, Debtor's cousel shall file, by no later than January 7,2010, an explanation as to why this case falls outside the board parameters of cases included within the normal range of fees. An explanation of any services are included in the fee may be helpful. Counsel should also include an explanation of complexities.
It is so ordered.
So does this mean our BK counsel charged us to much for our Chapter 7 BK and we are way under median?
We paid her $1400 for Ch 7 - we are not reaffirming our primary house, rental house, or 1 car just doing ride through since Dh is laid off just in case we need to walk away.
we gathered all docs and info for her had free 1st consult other then that we never talked excpet twice for about 10 mins or less over phone while looking over petiton.
Will trustee just keep the diference then if it's suppose to be $1100 vs $1400?
Or will counsel found a way to explain $1400 fee?
Our 341 is Feb 2nd can not wait
Thanks
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