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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30905
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Here is the situation: 1. I am in the middle of a Chapter

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Here is the situation:

1. I am in the middle of a Chapter 13 bankruptcy
2. I want to convert my case to a Chapter 7 bankruptcy
3. The attorney for the Chapter 13 has billed his usual rate of $3,500
4. I want to hire a new attorney for the Chapter 7

Question: What is a reasonable fee for the new attorney to charge for the Chapter 7 considering the case has already been filed and all of the schedules, etc. are already filed. In Utah the going rate for Chapter 7's is $1600 to $1800
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

In most courts, the bankruptcy petition and forms that you filed for your Chapter 13 case become a part of your converted Chapter 7 case. However, you may have to amend some of the forms to list any debts you incurred after filing your Chapter 13 case. Also, you’ll have to file another form, the Statement of Intention and possibly a few additional forms.

A few courts require you to file a new set of schedules, even if nothing has changed. If that's the case, your expense to convert would be higher - - it just depends on the court as to whether or not you'd have to do that.

Thus, if the particular court you're in requires new schedules to be, the full fee may be reasonable. However if the 13 schedules can be used, then you'd probably be looking at a much less expensive fee because most of the work has been done - - thus, a fee of approximately half of the regular expense is likely. HOWEVER, the fee is up to the attorney as there's no requirement that the lawyer give a discount or do the chapter 7 for a reduced amount.
Customer: replied 3 years ago.

Do you know the specific rule for Utah as to whether schedules can be reused or not?

It would be a rule that each district court has - a local rule - and not even a statewide rule. Thus, that would have to be something the local clerk would be able to tell you.

However, MOST courts do not require the schedules to be re-filed.
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