Chapter 13 Fee Agreement

The case was brought before the courts by the Chapter 13 agent. One creditor, Edge Credit Union Financial (ECF), was owed an overdraft debt, which was open for consumption. FECU filed deficient evidence that attached only a copy of the account contract and did not contain the last payment date or the date of the debtor`s last transaction. Between 21 and 50 days after the debtor has made the chapter 13 application, the chapter 13 trustee shall hold a meeting of creditors. If the U.S. attorney or receiver arranges the meeting in a location that does not have regular staff of the U.S. attorney or receiver, the meeting may not take place more than 60 days after the debtor`s declaration. EDF. R.

Bankr. P. 2003 (a). At this meeting, the agent takes an oath to the debtor, and both the agent and the creditors can ask questions. The debtor must attend the meeting and answer questions regarding its financial matters and the proposed terms of the plan.11 U.S.C§ 343. When a couple makes a joint application, both must attend the meeting of creditors and answer questions. In order to preserve their independent judgment, insolvency judges are prohibited from participating in the meeting of creditors. 11 U.S.C§ 341(c). The parties usually resolve issues with the plan, either during or shortly after the creditors` meeting. As a general rule, the debtor can avoid problems by ensuring that the application and plan are complete and correct and by consulting with the proxy before the meeting. A debtor can make scheduled payments through payroll deductions.

This practice increases the likelihood that payments will be made on time and that the debtor will complete the plan. In any event, if the debtor does not make the payments due in accordance with the confirmed plan, he may dismiss the case or turn it into a liquidation case under Chapter 7 of the Bankruptcy Act. 11 U.S.C§ 1307(c). The court may also reject or transform the debtor`s case if, after the deposit, the debtor does not fulfil the national maintenance obligations (e.g.B. child support, maintenance) or does not have the necessary tax returns during the proceedings. 11 U.S.C§ 1307 (c) and (e), 1308, 521. In re Humphries, no. 10-41299-R, 2010 WL 5101036, at *2 (Bankr.

E.D. Me. Dec. 8, 2010) (Rhodes) (application for the debtor lawyer`s fees was rejected because the lawyer failed to comply with the requirement of a written fee agreement within five days of the provision of insolvency assistance services§ 528(a)(1). Section 526(a) provides that any contract that does not meet the substantive requirements of Section 528 is annigable and unenforceable. The five-day period shall be set from the first provision of insolvency assistance, regardless of when the debtor has decided to maintain a lawyer. The authorization of the tax referred to in Article 330 (a) “would render the legal prohibition on the application of the fee agreement insignificant.”), annulled by, 453 B.R. .