Will I get paid for my work or am I dreaming?
Posted: Wed May 30, 2012 9:56 am
charsetndows-1252
It is my understanding that the actual fee taken by the Chapter 13 trustee in an individual Chapter 13, is determined from time to time by the OUST. The salary of the Chapter 13 trustee herself is a fixed amount, at a high civil servant salary level, but the fees taken have to include all the staff costs, rent, supplies, data services, etc. So it's a moving target, historically in the range that was mentioned 8.5-11%.
As far as an attorney getting paid outside the plan, I don't see how that squares with best efforts and feasibility; if the debtor is generating more income than the plan requires, that should go to creditors. I don't however have any direct experience on that issue, unlike the other posters; in my world, I do the extra work, file the supplemental fee app, then the debtor defaults out of the plan. Just sayin.
Jason Wallach
jwallach@gladstonemichel.com
On May 30, 2012, at 9:36 AM, Link W. Schrader wrote:
>
> The In re Lopez case I mentioned earlier discusses a maximum fee that the chapter 13 trustees can take. It said something like 97% in the 9th District maxed out. Perhaps the percentage goes down uniformly when the limit is reached. Just guessing here.
>
> Link W. Schrader, Attorney
> lschrader@schrader-law.com
> Mail: PO Box 3723, Tustin, CA 92781
> Office: 106 W 4th St, #308, Santa Ana, CA 92701
>
> Orange County: (714) 542-5922
> Los Angeles: (310) 413-6924 *
> San Diego: (619) 952-8342
> Facsimile: (310) 878-4158
> * Texts received at LA number only
>
> To: cdcbaa@yahoogroups.com
> Cc: cdcbaa@yahoogroups.com
> Sent: Wed May 30 11:13:36 2012
> Subject: Re: [cdcbaa] Will I get paid for my work or am I dreaming?
>
>
>
> Ch 13 Trustee's fee was recently reduced to about 8.5% from over 10%. I don't recall precise numbers off the top of my head.
>
> Sent from my iPad
>
>
>
charsetndows-1252
It is my understanding that the actual fee taken by the Chapter 13 trustee in an individual Chapter 13, is determined from time to time by the OUST. The salary of the Chapter 13 trustee herself is a fixed amount, at a high civil servant salary level, but the fees taken have to include all the staff costs, rent, supplies, data services, etc. So it's a moving target, historically in the range that was mentioned 8.5-11%.As far as an attorney getting paid outside the plan, I don't see how that squares with best efforts and feasibility; if the debtor is generating more income than the plan requires, that should go to creditors. I don't however have any direct experience on that issue, unlike the other posters; in my world, I do the extra work, file the supplemental fee app, then the debtor defaults out of the plan. Just sayin.
Jason Wallach
The post was migrated from Yahoo.