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

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3 Lawyer Answers
Ronald Holland
Ronald Holland
Answered
  • Bankruptcy Lawyer
  • Roseville, CA
  • Licensed in California

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

Aaron Michael Lloyd
Aaron Michael Lloyd
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Redlands, CA

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.

Timothy Denison and Marco Antonio Torres agree with this answer

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

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.

Timothy Denison and Marco Antonio Torres agree with this answer

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