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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26757
Experience:  Began practicing law in 1992
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Chapter 13 is in the process of being dicharged. The bank

Customer Question

Chapter 13 is in the process of being dicharged. The bank that held a loan on several of our vehicles(all put in one loan), will not release the leins. The bank is stating that we still owe them 1200.00 on loan + 1800.00 on attorney fees. We have paid them the complete "Claim" amount. What do we do? Can they do this?


 


Come to find out, our attorney forgot to file the paper work asking for the discharge.  He only realized when we called asking questions, and admitted that he had forgotten to file one paper.  Now, the paper wk is 6wks behind, and we have been waiting on our leins since


7-15-2013.

Submitted: 9 months ago.
Category: Legal
Expert:  Dwayne B. replied 9 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

If you paid the amount the court authorized under the claim they filed then that is all that they can get. If they want the attorneys fees paid by you they have to file a motion with the judge.

Dwayne B. :

Do you have a bankruptcy attorney assisting you with your filing?

Customer:

When does the motion have to be filed? If we have received a paper from the Court stating that the discharge has been granted, and the it well take 150 to complete?

Dwayne B. :

I don't understand what you mean by "and the it well take 150 to complete".

Customer:

Yes, he first stated that we did not owe the bank another dime. Then he contacted the bank's attorney and they decided that our attorney needed to send a letter of demand to the bank for the lein releases. They are holding their ground, stating that they want all of their money, and their attorney's fees. After that our attorney is now saying that we may have to pay them the money. (while listening to our attorney, apparently both the attorneys are "buddies". So, now we are going to have to pay..........)

Dwayne B. :

I don't see any way you would have to pay. You only pay the clams that are submitted to the court and if they didn't submit their claim for attorneys fees and have ti approved then they are not entitled to it.

Dwayne B. :

What makes the most sense is for the attorney to file a Motion For Court to Order Release of Liens and serve it on the bank and then set it for a hearing.

Customer:

How do you make them release the leins? Do we now have to pay more money to the attorney to fight for us? I thought that was why we did a Chapter 13 to protect ourselves........

Dwayne B. :

You shouldn't have to pay him any more. The court will have to order them to release the liens.

Dwayne B. :

The amount you can pay an attorney in a bankruptcy is limited by statute.

Dwayne B. :

The court could, of course, award attorneys fees against the other side for making you file a motion that shouldn't have been required.

Customer:

When or how do you get them to do this? What does your statement limited by statures mean?

Dwayne B. :

In other words a bankruptcy attorney is only allowed to charge a specific amount to file a bankruptcy and finish it out. It is set by the statutes, that's why if you look at the ads in the newspaper they all charge the same.

Dwayne B. :

You have to tell him to do it.

Customer:

If the court were to award attorney's fees, that still means that this will be "dragged" out way longer than it should. We should not have to deal with this!

Dwayne B. :

I understand, but the fact is that if they are doing something they shouldn't be doing you either let them get away with it or you ask the court to fix it. Those are the only two choices.

Customer:

Is the attorney the one that asks the court for us? or is there something that we ourselves need to be doing?

Dwayne B. :

The attorney. So long as you have an attorney he has to handle everything.

Customer:

Can you tell me the difference in a Claim amt vs. a Scheduled amt? The Claim amt is the amt that the Court has pd the bank, we are less than a 100.00 off the Scheduled amt.

Dwayne B. :

I don't remember for 100% sure but I think the claim amount is what they asked for and the scheduled amount is what the court says they are going to be paid unless something else happens (like more assets pop up).

Customer:

Thank you

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26757
Experience: Began practicing law in 1992
Dwayne B. and 14 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 9 months ago.
Best wishes to you on this.
Expert:  Dwayne B. replied 9 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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