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Changes to Judge Waites' Guidelines and Allowed Fees

Wed, 04/27/2016 - 5:00am

Student Loan Debt No-Look Fee
The Court being aware that student loan debt issues are arising more and more in Chapter 13 cases and that the resolution of such issues is critical to the Debtor(s)' fresh start, issues the following guidelines to establish a procedure for compensation for counsel who provide services to Debtor(s) in addressing student loan debt in Chapter 13 cases assigned to Judge Waites. Click here to view the Student Loan Debt guidelines.

Supplemental No-Look Fee for Loss Mitigation/Mortgage Modification
An additional supplemental no-look fee for LM/MM shall be allowed for representation of Debtor(s) and the filing of related pleadings for the following matters:

  1. $500 - Hearing on Debtor(s)' motion to enforce LM/MM guidelines

  2. $500 - Mediation of LM/MM as ordered by the Court

The additional supplemental no-look fees set forth above may be requested at the hearing by oral motion and authorized by the Court, or in the event of mediation, the fees may be authorized upon the mediator's submission of a mediation report indicating that Debtor(s)' attorney actively participated in the mediation.

Announcement of Valuation Dispute Mediation Pilot Program
In an effort to facilitate communication and settlement of contested valuation issues in Chapter 13 cases and in order to reduce costs of contested hearings, mediation will be ordered in certain cases involving valuation of secured claims on real estate and large value personal property, such as manufactured homes, tractor trailers or RVs (but excluding automobiles). The Court shall select and appoint a mediator who will be compensated by a fee of $400, to be equally divided between the debtor(s) and creditor, and who will perform up to 2 hours of service in preparation or mediation sessions. The form mediation order, which provides an opportunity to settle before mediation and thereafter a schedule for mediation, may be viewed by clicking here.