201510.26
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What are the Attorneys’ Fees for Chapter 13 in Riverside

Attorney’s Fees for Chapter 13 Bankruptcy

Attorney Fees for Chapter 13 bankruptcy in RiversideChapter 13 fees will be higher than Chapter 7 because it is more complex.  The average attorneys’ fees for Chapter 13 will be different in each state but most bankruptcy courts will have guidelines and rules as to how much an attorney can charge.  Your bankruptcy attorney will be able to provide this documentation from the court.

Chapter 13 Bankruptcy Fees in Riverside and the Central District of California

The Central District Bankruptcy Court governs all bankruptcy cases in Riverside. The Court also governs the amount of fees an attorney can charge without further review by the court.  The Court uses a the Rights and Responsibilities Agreement form to explain responsibilities for the person filing bankruptcy and their attorney as well as the maximum fee amounts for a Chapter 13 bankruptcy. Under the agreement, some attorney responsibilities include meeting with the client, reviewing the bankruptcy documents, filing it and attending the hearings prior to the confirmation of the Chapter 13 plan.

Additionally, the Agreement provides for the amount an attorney can charge for Chapter 13 services.  As of October 26, 2015 the agreement states, “The guidelines in this district for payment of costs incurred in performing the services described in bold face type in this agreement (“Included Costs”) and attorneys’ fees in chapter 13 cases without a detailed fee application provide for the following maximum Included Costs and fees for the services described in this agreement in bold face type (that is, the services described on pages 3 through 5 of this agreement): $6,000 (excluding the petition filing fee and with a maximum of $5,000 to be paid prior to confirmation) in cases where the Debtor is engaged in a business; or $5,000 (excluding the petition filing fee) in all other cases.”

Essentially, it states that the attorney can charge no more than $6000 in cases where the person filing bankruptcy is engaged in a business and $5000 for all other cases.

Fees for Attorney Work that is not in the Rights and Responsibilities Agreement

For additional work that the Chapter 13 bankruptcy attorney completes that is not in the rights and responsibilities agreement, an attorney must file a fee application with the court.  The court will review the application and determine whether the fees requested are reasonable.

However, to avoid reviewing everything the attorney completes, the Central District of California has a fee guideline setting “no look” fee amounts for work that happens in a number of cases.  These are below (As of October 26, 2015):

  • MOTION TO EXTEND/IMPOSE STAY

(NO OPPOSITION) $750.00

  • APPLICATION FOR ORDER SHORTENING TIME

(NO OPPOSITION) $350.00

  • MOTION TO AVOID LIEN (506(a))

(NO OPPOSITION) $1,250.00

  • MOTION TO AVOID LIEN (506(a)); STIPULATION AND ORDER TO AVOID LIEN (506(a))

(NO OPPOSITION) $1,500.00

  • MOTION TO AVOID LIEN (522(f))

(NO OPPOSITION) $750.00

  • MOTION TO DISALLOW CLAIM

(NO OPPOSITION) $950.00

  • OPPOSITION TO TRUSTEE’S MOTION TO

DISMISS/CONVERT CASE $350.00

  • MOTION TO MODIFY PLAN

(NO OPPOSITION) $750.00

  • MOTION TO REFINANCE/SELL REAL PROPERTY

(NO OPPOSITION) $750.00

  • MOTION TO INCUR DEBT

(NO OPPOSITION) $750.00

  • APPLICATION FOR ORDER CONFIRMING THAT LOAN MODIFICATION DISCUSSION WILL NOT VIOLATE STAY

$300.00

  • COMPLAINT TO AVOID LIEN

$2,000.00