Starting to wonder about my attorney...

[willisurvive]

We have not had our 341 yet for our ch 13 plan. We have decided to convert to a ch 7. The paralegal told us the day we signed our paperwork that the attorney fee for the ch 13 was $3000, we have already paid $1000 plus the filing fee. She said if we converted there would be a fee to file the paperwork with the court, but that the attorney's fee was done if we changed to a ch 7. We were paid up.

Now she is telling me it's going to cost $200 to convert and she said, "That is what the court charges to file it." Uh, how does that make sense? Everything I have read says the filing fee to convert is $25. I understand that sometimes your attorney might charge more for it but we are being told our attorney fee is paid in full for the ch 7 and this fee is required by the court.

When I questioned it, the paralegal asked me if I wanted a breakdown of what the fee includes, - well yeah. Does anybody else get the feeling the paralegal doesn't know what she is talking about?

Not to mention we've only met the attorney for about 30 seconds. The paralegal wants to schedule a meeting for us with the attorney and seemed offended when I asked if the attorney would be attending the meeting or just popping her head in.

Wow, this isn't supposed to be the hard part.

[brokejoker]

I would definitely ask for a breakdown. Maybe they are charging some kind of hourly fee for the time spent converting? You've payed the lawyer's fee and the filing fee but to convert they have to put in X hours and pay a $25 fee so they are charging you $200? That's all I can come up with.

[willisurvive]

Maybe so. The thing that bothers me is the paralegal saying that is what the court charges to file it and I know that just isn't true. It really doesn't matter, we will pay whatever we have to pay, but I'd like to know what it is exactly.

Thanks for your reply.

[SMinGA]

Even though the 341 has not been held yet, your atty has done most of the work involved in the $3000 fee for the ch. 13. You said you paid $1000 and so I imagine the balance of $2000 goes into the plan?

I don't know what was said or intended by the paralegal, but charging to convert to a ch. 7 is not unreasonable. Especially if they have not been paid in full yet for the work already done. And there is work involved in revising schedules, etc.

In my opinion, if you convert to a ch. 7 with just having to pay the $1000 you've already paid + $200 more, you've gotten quite a good deal.

[willisurvive]

Yes we paid $1000 plus the $274 filing fee. The balance was to go into the plan.

I don't have a problem if it is just what she charges, but the paralegal has been telling us things that have seemed a little off and it is becoming more and more clear that she doesn't know what she is talking about. She thinks she does though and I'm afraid it is going to cost us in the end.

She is the one who conducted our meeting to go over our paperwork and answered questions for us when we signed all of our documents, not the attorney. I'm just concerned I'm not getting the whole story and that worries me.

Thanks for your replies.

[wnguyen]

I guess part of this $200 probably is part of the $2000 for chapter 13 plan they've been already doing. Just ask for the breakdown.

[SMinGA]

Sounds like the issue may be w the paralegal and with how accessible (or not) the atty is. Perhaps make an appointment w/ the atty to discuss conversion. Face to face...

[researchnerd]

Just to give you some perspective, my attorney charged us $500 to convert from Ch13 to Ch7.

[ccsjoe]

$200 sounds more than resonable. I think you need to figure out how to gain better accessibility to the attorney and that, if accomplished, should ease a lot of your concerns.