Trustee Blog

New Chapter 13 Fees

Posted by:

 

In the beginning of March 2014, the Central District of California instituted new “no look fees” for Chapter 13 cases and their misc. matters. The new fees can be found at the

Court Manual Page 2-41 to 43

These guidelines govern the allowance of attorneys’ fees and costs in Chapter 13 cases in this district.

(a)

Fees for Services Described in Bold Face Type in Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys (“RARA”). An attorney may receive an order approving fees up to a maximum amount of $5,000 in a case where the debtor is engaged in a business; or $4,000 in all other cases without filing a detailed fee application if:

(b)

(1)  The attorney has filed with the court and served on the chapter 13 trustee the statement required pursuant to Rule 2016 of the Federal Rules of Bankruptcy Procedure and a fully executed copy of the RARA,” copies of which are available in the clerk’s office and in the chapter 13 trustees’ offices; and

(2)  No objection to the requested fees has been raised.

Fees for Additional Services Without Filing a Detailed Fee Application. An attorney may also receive an order approving fees for the following identified additional services in an amount not to exceed the maximum amount identified for each service without filing a detailed application:

Section 2 – Filing Requirements and Procedures

NO LOOK FEE MAXIMUM

LEGAL SERVICE

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

$750.00

Court Manual   2-42 March 2014

Section 2 – Filing Requirements and Procedures

NO LOOK FEE MAXIMUM

LEGAL SERVICE

MOTION TO INCUR DEBT

$750.00

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

$300.00

COMPLAINT TO AVOID LIEN

$2,000.00

(c)

(d)

NOTE: Some judges may not allow “no look fees” for every service provided in the foregoing schedule. Attorneys should check the judge’s page on the Court website for instances where the judge will not approve the no look fee.

Practice Pointer:  I spoke to Mr. Danielson, our Riverside Chapter 13 Trustee and he said that his office will follow the  new guidelines. In some instances the above fees are an increases to what has been awarded in Riverside previously.

 

0


About the Author: