QUESTION
Do I still have to pay attorney's fees if he already withdrew from my case and was granted dismissal?
Asked on Mar 17th, 2013 on Bankruptcy - Delaware
More details to this question:
My attorney withdrew from my case 3 months ago because of an illness and the courts granted him dismissal. I’m currently paying my plan amount. My trustee still accepts direct payments knowing I don’t have representation. Do I still have to pay attorney fees though my plan?
11 ANSWERS
It depends on whether you still owe your attorney or not for earned fees.
Answered on Apr 03rd, 2013 at 9:03 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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The fees are for services already rendered, so yes. I'm sure the Chapter 13 Trustee will confirm this for you because whether or not a claim is being paid through the plan is not legal advice.
Answered on Mar 19th, 2013 at 5:16 AM
2 Awards
Yes, you still have to pay fees through your plan.
Answered on Mar 18th, 2013 at 2:31 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It depends on what your attorney accomplished. Consider talking to a very good chapter 13 attorney.
Answered on Mar 18th, 2013 at 2:30 PM
Bankruptcy Attorney serving Dallas, TX
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Polk & Associates
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The trustee is going to go by whatever you Plan document says. If you want the trustee to pay differently, you have to file a different Plan. The Court will have to approve (or "Confirm") your different Plan eventually, but the first step is preparing it and filing it. You can do this yourself or hire a new attorney to do it.
Answered on Mar 18th, 2013 at 2:30 PM
In most cases, the fees for an attorney in a Chapter 13 are earned once the Plan is confirmed. Any work performed after confirmation requires the attorney to submit a fee application. So yes, your Trustee will continue to pay the administrative costs incurred in your case for legal work performed by your prior attorney from your plan payments.
Answered on Mar 18th, 2013 at 2:30 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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The fees included in your case may or may not have been earned already. If your attorney already earned them, then s/he should be paid for your plan. You can object to paying them by filing an Objection with the Court and in most cases a hearing will be held to determine if the fees should be paid. You might also want to check with the trustee's office to see if the fees have not already been paid in full. Another thing to consult would be you contract with your attorney to see what the fee was supposed to cover.
Answered on Mar 18th, 2013 at 2:29 PM
Deborah F. Bowinski
Yes. The fees included in your confirmed plan are compensating your attorney for work that was completed before the plan was confirmed.
Answered on Mar 18th, 2013 at 2:29 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes for the work he already did. It is no different than others who work and get paid for what they have already done.
Answered on Mar 18th, 2013 at 2:29 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You have to check the fee agreement to see how that is addressed.
Answered on Mar 18th, 2013 at 2:28 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
If these were part of the retainer, or awarded pursuant to fee application, yes you do.
Answered on Mar 18th, 2013 at 2:28 PM