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How Much Does Chapter 13 Cost in Orange County

    Chapter 13 Bankruptcy Fees

    Chapter 13 Bankruptcy Fees in Central District of California, Orange CountyChapter 13 is more complex than filing a Chapter 7 case.  Therefore, Chapter 13 fees will also be higher than Chapter 7.  Although fees will vary from state to state, most bankruptcy courts will have guidelines as to how much an attorney can charge.  Therefore, you can ask your bankruptcy attorney to show you the fee structure in your district to compare.

    Chapter 13 Bankruptcy Fees in Orange County and the Central District of California

    Orange County is part of the Central District of California.  The Central District Bankruptcy Court details the acceptable fees in Orange County.  An attorney can charge this amount without further review by the court.  The details are stated in the Rights and Responsibilities Agreement which must be filed with the bankruptcy documents.

    Central District of California Rights and Responsibilities Agreement.

    The Central District of California provides for a Rights and Responsibilities Agreement between the person filing for bankruptcy and their attorney.  The agreement details certain requirements for each party.  The attorney requirement including 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 states the limits that an attorney can charge for the 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 work that your Chapter 13 bankruptcy attorney completes that is not in the rights and responsibilities agreement an attorney can file a fee application with the court.  The court will review the application and determine whether the fees 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

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