Camarillo, CA asked in Bankruptcy for California

Q: What are reasonable attorney fees for a BK 13 case that was not confirmed. How can I see what the court would consider

What would the court consider excessive? The case was not confirmed they recommended dismissal now they want to take the whole 15 grand the trustee is holding

Related Topics:
3 Lawyer Answers

A: The attorney has to file a motion with the court and the judge has to determine what is reasonable. That is based on the time spend, what was done, whether the work was necessary and other factors.

Timothy Denison and Marco Antonio Torres agree with this answer

A: It really depends on the complexity of the case and the law firm involved. Each lawyer has a different hourly rate, which can also factor into the fee and whether it is reasonable. Did you ask your lawyer for a breakout of their fees? I suggest you ask your lawyer about this and at what rate they billed if they charged hourly.

I hope this was helpful.

Marco Antonio Torres and Timothy Denison agree with this answer

A: You should have been receiving monthly statements from your attorney as soon as you retained the attorney. That way you would be seeing what the attorney billed in the case on a monthly basis. If the attorney is seeking approval of fees incurred during representation of you in the case, usually, a fee application must be filed with detailed records of time spent in the case. Seek information from your attorney, which would include monthly billing statements if you have not previously received them. You have the opportunity to review and object if appropriate to your attorney getting paid for his fees. If you aren't getting cooperation from your attorney, make contact with the Chapter 13 Trustee's office and/or US Trustee in your area for guidance.

Marco Antonio Torres and Timothy Denison agree with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.