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Update to Procedures for Chapter 13 Attorney’s Fees (Judge Waites and Judge Duncan)

Hon. David R. Duncan, retired
Thu, 03/16/2017 - 10:44am

The following changes apply to cases assigned to Judge Waites and Judge Duncan and are effective starting March 30, 2017, unless otherwise advised.

Attorney’s Fees for Chapter 13 Cases

After consultation with members of the Chapter 13 bar, Judge Waites and Judge Duncan adopt the following changes regarding attorney’s fees in Chapter 13 cases:

1.      Increase the allowable expedited fee (no-look fee) to $3,700 for a consumer case and $4,200 for a self-employed/small business case and provide an additional $500 no-look fee for representing a debtor in a contested confirmation hearing.

2.      Increase the amount of supplemental fees debtor’s counsel may claim under SC LBR 2016-1(b)(2)(A) to $2,000, subject to no more than $1,200 in fees being requested in a one year period.

3.      Authorize the Chapter 13 Trustee to disburse to counsel $1,500 of the expedited fee as part of the initial disbursement.

In addition, for Judge Waites’ cases, the guidelines provide the opportunity for a higher no-look fee in extraordinary cases where from the beginning of the case the attorney’s fees are expected to be above the standard no-look fee amount due to the complexity of the case and upon certification of counsel

A copy of the guidelines for Judge Waites are available here. Judge Duncan’s guidelines will be changed if necessary upon a future posting.