ATTORNEY’S FEES FOR DEBTOR’S COUNSEL IN CHAPTER 13 CASES
To reflect the recent changes regarding the removal of a cap on supplemental fees and the increase in the expedite fee amount in cases assigned to Judge Waites effective March 1, 2020, the following is provided as guidance to the bar:
Expedited Fee Amount under SC LBR 2016-1(b)(1) for cases filed on or after March 1, 2020:
- Consumer Chapter 13 Case: $4,000
- Business Chapter 13 Case: $4,500
The Expedited Fee is conditionally approved and earned upon confirmation. The expedited fee includes post-confirmation communications, including correspondence with Debtors, Trustee, and the Court regarding case administration, and the creation and filing of a Certification of Plan Completion and Request for Discharge and the Financial Management Certificate or other documents contemplated and necessary for case closing and discharge.
Supplemental Fees- There is no longer a threshold or cap for supplemental fees in any pending case for additional work necessary as a result of unanticipated issues arising pre or post confirmation, matters involving the default under or variance from the terms of a confirmed plan, an adversary proceeding, an appeal, or for other compelling factors not present in a typical chapter 13 case. As a result, the procedures found in SC LBR 2016-1(b)(2)(B) are no longer necessary. Attorneys should continue to follow the procedures for application set for in SC LBR 2016-1(b)(2)(A) regarding an amended Statement and Application.
MEMO ON DISCHARGE AND MISSED MAINTENANCE PAYMENTS
Chambers has produced a memorandum to assist counsel in considering a debtor’s options in addressing a failure to make maintenance payments to a residential creditor under a cure and maintain plan under § 1322(b)(2) as it pertains to the debtor’s discharge, which is attached to this announcement. This memo only applies to chapter 13 cases assigned to Judge Waites.