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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Simple questions - Im in a Chapter 13. Included are fees

This answer was rated:

Simple questions - I'm in a Chapter 13. Included are fees for HOA and property taxes. Taxing authority has added their attorney's fees and HOA continues to accrue interest. My attorney - who I am beyond mad at says that they can't charge those fees, but she won't contact those authorities for me. Is that too much to ask of her - really? All the money I have paid thus far - 30 months into the plan has gone towards paying her fees.

WALLSTREETESQ :

this is a serious issue,

WALLSTREETESQ :

your plan payments should have gone to all your creditors that were listed, you need to have another chapter 13 attorney review the plan to see if it was drafter correctly,

WALLSTREETESQ :

if it was not you may want to dismiss the case, and refile a new plan, excluding all legal fees,

WALLSTREETESQ :

and pay your creditors,

Customer:

I called the Trustee's office, and they told me they will start paying creditors now because all my legal fees are paid.

WALLSTREETESQ :

That is not correct, the other creditors interest and legal fees would have accrued if they were not paid for the last 30 months,

WALLSTREETESQ :

what you will need to do is contact the HOA and taxing authority advising them that your chapter 13 put a stay on all extra fees,

WALLSTREETESQ :

and that they would be paid through the plan confirmed, they should wipe out all extra fees.

Customer:

I have paid my attorney - I think it was $1500 up front and monthly payments of $175 for 60 months at around payment 29 or 30 now. I think I have paid $4300 in the plan - as I said they say that the trustee and my attorney were owed that money. They have made two or 3 payments of around $30 each to pay down taxes.

WALLSTREETESQ :

your attorney should contact the creditors removing the extra fees,

WALLSTREETESQ :

the chapter 13 would have put a stay on the fees,

Customer:

Thank you so much - may I tell her that another attorney advised me that I am within my rights to ask her to do that?

WALLSTREETESQ :

yes, as long as she was paid a retainer and in your case is large, she has to complete the bankruptcy,

WALLSTREETESQ :

if not consider filing a grievance with the State bar association

Customer:

I have asked her repeatedly to call them and she won't.

Customer:

Thank you.

WALLSTREETESQ :

file the grievance with the bar, that will force them to act.,

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask.

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If you have any further questions please do not hesitate to ask.

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