cityguy468
Junior Member
I live in NY. I'm working with a bankrupcty attorney. I originally filed for a Chapter 7 and after filing, found out my mother had transferred her paid off house into my name via a life estate back in the middle 1990's. To save the house, I'm moving home and changing to a Chapter 13 to pay off my debt in full over 5 years.
My debt involved 8 creditors and about $86,000. We originally filed in early February, had a CH7 341 meeting in March and my attorney has a court date for the
petition to change from Ch7 to 13 in May.
My attorney tells me the CH7 trustee is going to charge me about $4,000 for all the time
he has put into my case this far, otherwise he is going to contest the change from CH7 to Ch13, and sell off my interest in the life estate on my mom's house. My attorney has advised me to just pay him as it will cost me a similar amount if he has to go into court and fight it. And, the $4,000 will be paid over the 5 years, added to my debt payment, so I won't feel the pinch in one shot.
My question...is this normal for a trustee to charge this amount of money for whatever time he has put into a case that is being change to a 13? And that's a pretty large number he's charging. To be clear, we're not talking about the difference in a filing charge between Ch7 and CH13, we're talking about paying for the CH7 trustees time that he's put into my case to date. I would have thought that at least some of the work the CH7 trustee did would pave the way for whatever the chapter 13 trustee has to do, and therefore it's not "lost time" on their part.
Any input or experience would be appreciated?
My debt involved 8 creditors and about $86,000. We originally filed in early February, had a CH7 341 meeting in March and my attorney has a court date for the
petition to change from Ch7 to 13 in May.
My attorney tells me the CH7 trustee is going to charge me about $4,000 for all the time
he has put into my case this far, otherwise he is going to contest the change from CH7 to Ch13, and sell off my interest in the life estate on my mom's house. My attorney has advised me to just pay him as it will cost me a similar amount if he has to go into court and fight it. And, the $4,000 will be paid over the 5 years, added to my debt payment, so I won't feel the pinch in one shot.
My question...is this normal for a trustee to charge this amount of money for whatever time he has put into a case that is being change to a 13? And that's a pretty large number he's charging. To be clear, we're not talking about the difference in a filing charge between Ch7 and CH13, we're talking about paying for the CH7 trustees time that he's put into my case to date. I would have thought that at least some of the work the CH7 trustee did would pave the way for whatever the chapter 13 trustee has to do, and therefore it's not "lost time" on their part.
Any input or experience would be appreciated?
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