Trustee Blog

Attorney Fee in Riverside Chapter 13

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Dear Mike,

I hope this email finds you well. I was wondering if you could answer a quick question for me. What can an attorney charge for Chapter 13 consumer cases and business cases in the Central District?

Best,

Milie

 

Hi Milie:

here is the appendix to the local rule 3015-1 on the Court’s website at http://cacb.uscourts.gov:

$5000 for business cases and $4000 for regular case if you use the Rights and Res. Agreement.

APPENDIX IV

GUIDELINES FOR ALLOWANCE OF ATTORNEYS= FEES

IN CHAPTER 13 CASES

THESE GUIDELINES GOVERN THE ALLOWANCE OF ATTORNEYS= FEES IN

CHAPTER 13 CASES IN THIS DISTRICT.

AN ATTORNEY MAY RECEIVE AN ORDER APPROVING FEES UP TO THE AMOUNTS SET FORTH HEREIN WITHOUT FILING A DETAILED APPLICATION IF:

The attorney has filed with the court and served the chapter 13 trustee with the statement required pursuant to Rule 2016 of the Federal Rules of Bankruptcy Procedure and a fully executed copy of the ARights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys,@ copies of which are available in the clerk=s office and in the chapter 13 trustees= offices; and

No objection to the requested fees has been raised.

THE MAXIMUM FEE WHICH CAN BE APPROVED THROUGH THE PROCEDURE DESCRIBED HEREIN IS:

$5,000 in a case in which the debtor is engaged in a business; or

$4,000 in all other cases;

IF AN ATTORNEY SEEKS ADDITIONAL FEES OR ELECTS TO BE PAID OTHER THAN PURSUANT TO THESE GUIDELINES:

The attorney shall file and serve an application for fees in accordance with 11 U.S.C. ” 330 and 331, Rules 2016 and 2002 of the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules 2016-1 and 3015-1, as well as the AGuide To Applications For Professional Compensation@ issued by the United States Trustee for the Central District of California.

In any event, on its own motion or the motion of any party in interest, the court may order a hearing to review any attorney=s fee agreement or payment, in accordance with 11 U.S.C. ‘ 329 and Rule 2017 of the Federal Rules of Bankruptcy Procedure.

02/12

Best wishes,

Mike Gouveia

 

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