A home lender could recover attorney fees incurred in connection with a borrower's Chapter 13 bankruptcy case, the 5th Circuit has ruled in reversing judgment. Countrywide loaned the debtor $126,000 for the purchase of a home in Texas. The loan was secured by a deed of trust on the property. Subsequently, the debtor defaulted on his loan obligations and filed for bankruptcy.
Trial court was within its discretion to find order requiring payment of attorney fees was not automatically discharged in bankruptcy proceedings.
Spousal support and attorney fees awarded in a divorce case are debts that cannot be discharged in the husband's bankruptcy case, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment. The debtor was divorced three months before he filed for bankruptcy. Under the divorce decree, the debtor was obligated to pay $1,250 per month in spousal support and $9,200 for his wife's attorney fees.
In a Chapter 13 proceeding, the trustee asked that attorney's fees be reduced. The debtor applied for additional fees. Reviewing the facts in In re Walter & Geneva Johnson, U.S. Bankruptcy Court, Western District of New York Judge Carl L. Bucki determined $1,600 in attorney's fees was reasonable. However, the debtor's application for $150 in additional fees was denied.
Can a litigant who did not prevail on its claims recover attorney fees under a contract or state statute if the issues litigated involve matters of federal bankruptcy law? The U.S. Supreme Court has agreed to answer this question.
Bankruptcy Attorney's Fees
Federal bankruptcy law does not forbid contract-based claims for attorney fees based solely on the fact that the fees were incurred litigating bankruptcy law issues, the U.S. Supreme Court has ruled in a unanimous opinion. Travelers Casualty issued surety bonds for Pacific Gas & Electric, which in turn executed a series of indemnity agreements. As part of the contract, Pacific Gas agreed to be responsible for attorney fees incurred by Travelers in pursuing, protecting or litigating its rights in connection with the bonds.
A bankruptcy court could establish local guidelines with standardized fees that limit an attorney's compensation in a Chapter 13 case - such guidelines do not violate the Bankruptcy Code, the 9th Circuit has ruled. Under rules established by the Bankruptcy Court for the Northern District of California, a Chapter 13 debtor's attorney may obtain a fee award by (1) submitting a fee application under "no-look" guidelines that establish presumptive fees for a "basic case," (2) submitting a detailed fee application based on the hours actually spent on the case, or (3) first submitting a no-look application and later submitting a detailed application seeking additional fees based on the hours actually spent.
The Chapter 7 Plan is an alternative to the Chapter 13 Debt Consolidation Plan. If you cannot afford the lower, interest-free monthly payment with the Chapter 13 Debt Consolidation Plan, for example because of a job loss or inability to work because of an illness or injury then we look at the Chapter 7 Plan for you. The basic purpose of the Chapter 7 Plan is to legally eliminate all of your bills and allow you to Get A Financial Fresh Start.(TM) A Chapter 7 Plan is for individuals and small businesses wishing to eliminate all their debt who cannot afford to pay the lower, interest-free monthly payment under the Chapter 13 Debt Consolidation Plan. Mr. [Ruben E. Vasquez, Esq] is also a frequent author and speaker at consumer bankruptcy seminars. He has authored and spoken on: debtors' att...
Attorney Ruben E. Vasquez, Esq., is a San Antonio consumer ... authored and spoken on: debtors' attorney fees v. adequate protection payments, mortgage payments...
... (PG&E) filed for Chapter 11 bankruptcy, petitioner (Travelers), which had previously issu... assert a general unsecured claim for attorney's fees, which were authorized in the parties' orig...
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