[NV] How do I file a fee petition?
With regard to a Chapter 7 bankruptcy in Las Vegas, Nevada, I was charged nearly $29,450 for representation even though I only had about $115,000 in secured debt. What are the local court rules and procedures to ask the bankruptcy court to review whether the attorney fees I paid were excessive?
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The only thing you can do is file a fee petition with the court and force the attorney to show the basis for the fee (11 U.S.C. § 329). You would need to file a fee petition.
A clerk cannot give legal advice; the process is the same in Las Vegas. The clerk may have incorrectly suggested reopening the case.
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With regard to a Chapter 7 bankruptcy in Las Vegas, Nevada, I was charged nearly $29,450 for representation even though I only had about $115,000 in secured debt. What are the local court rules and procedures to ask the bankruptcy court to review whether the attorney fees I paid were excessive?
Lexi, Chatbot
I’m sorry to hear that. Have you already tried discussing this with your attorney?
Yes. They said all correspondence must go through the U.S. Trustee (UST). I sent the UST all my documentation around the end of January, but I haven’t heard anything — so I want to go through the bankruptcy courts.
Lexi, Chatbot
Did your attorney provide a detailed breakdown of how the $29,450 was calculated?
No — the attorney refused to provide an itemized breakdown, saying it was a flat-rate.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
Yes. A clerk told me I have to reopen the case.
Dan
Hello and welcome — I’m reviewing your question and will respond shortly.
Thanks.
Dan
The only thing you can do is file a fee petition with the court and force the attorney to show the basis for the fee (11 U.S.C. § 329). You would need to file a fee petition.
A clerk cannot give legal advice; the process is the same in Las Vegas. The clerk may have incorrectly suggested reopening the case.
The clerk told me I had to re-open the Ch. 7 case, so now I’m confused. Is the process different in Las Vegas?
Dan
No. A clerk can’t provide legal advice. You file the fee petition in court.
Is the information on filing a fee petition on the bankruptcy website? Where do I find instructions on how to do this?
Dan
You file the motion with the clerk of the court’s office.
I’m not an attorney. I don’t know the rules and procedures for doing this — that was my original question. There has to be procedures documented somewhere. Just saying “file a motion” doesn’t help me.
Dan
For filing a motion, you fill out the form and file it. (We do not provide representation through this site.)
Are you for real?
Dan
Yes, I am a real human attorney.
Doubtful.
Dan
Not sure what to say to that, but good luck.
Dan
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