QUESTION

What can I do if I finish my chapter 13 and received a discharge and then received a bill from my attorney after his fee was paid?

Asked on Oct 07th, 2014 on Bankruptcy - California
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4 ANSWERS

Derek W. Freeman
It really depends on what your attorney is charging for. If they are items/services that were not included in your original fee agreement, then your attorney can charge you for it. S/he will need the approval of the bankruptcy court to do so, however. Either way, your attorney should have notified you of any additional fees before s/he performed the service. It may be an ethical rules violation. You should contact the attorney regulation counsel.
Answered on Oct 08th, 2014 at 4:20 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It is interesting that you failed to tell us what services you were being billed for. Presumably, the attorney billed you for services that were provided after the bankruptcy was filed that were not included in the basic flat fee. Multiple consultations and email questions, objections to claims, changes to your case (amendments), motions or adversary proceedings, lienstripping are all examples of services that a Chapter 13 attorney might provide that would require an additional fee. Why don't you read the bill and your fee agreement?
Answered on Oct 07th, 2014 at 6:00 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Did you're attorney ask the court for approval of the extra fees? If not, he's been a very bad boy and you should report him to the US Trustee and the state Supreme Court for unethical behavior. If he did ask approval of the court, did you receive a notice that he was asking for the fees? If not, see above. If he asked the court for approval of the fees and you got notice. Then you owe him the money.
Answered on Oct 07th, 2014 at 5:58 PM

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Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
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I am in Southern District of California so my answer reflects the norm in that jurisdiction. What is the bill for? Were there services performed outside the scope of initial fee or additional services performed post bankruptcy? Take a look at your bankruptcy petition's schedule called "Rights and Responsibilities". This schedule provides a list of services that are included in the initial fee, a list of what is not included, and allowable fees for some of the services that may or may not need to be performed. Contact the attorney to clarify the source of these charges. If you did not authorize the work or the attorney was already paid for these services or could only be paid through the Plan after court's authorization, or the services were in fact not performed (perhaps a billing error) you can dispute the charges and refuse to pay. If in fact the charges are outside of what is permitted to be charged or the services were in fact not performed or authorized you can file a complaint with the State Bar Association. Hope this helps.
Answered on Oct 07th, 2014 at 2:57 PM

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