Local Rule B-2016-1: Presumptively Reasonable Attorney's Fees in Chapter 13 Cases

B-2016-1 Presumptively Reasonable Attorney's Fees in Chapter 13 Cases

(a) Four thousand dollars ($4,000.00) is presumed to be a reasonable attorney's fee for counsel's services representing a debtor in a routine, consumer case under Chapter 13. This presumption may be rebutted in the event of an objection to the award of such a fee.

(b) A fee that does not exceed the presumptively reasonable fee may be awarded, following notice to all creditors, either upon application or through the additional provisions (part 8.1) of a confirmed plan without the need for counsel to provide supporting documentation, such as time records, concerning counsel's services.

(c) If a case is dismissed or counsel's services terminate prior to discharge, the court may, on the motion of any party in interest, review the reasonableness of any presumptively reasonable fee awarded pursuant to this rule.

(d) Counsel may apply for fees in excess of the presumptively reasonable fee for extraordinary, unusual, or unanticipated legal services. Such an application must be accompanied by supporting documentation demonstrating the reasonable value of those services.

HISTORICAL AND REGULATORY NOTES This new rule was adopted by Order Amending Local Bankruptcy Rules dated April 22, 2022. The original /s/ order had a typographical order, which was corrected prior to wet signature. Date of original order remains valid.