CASB — General Order 173A

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/GO173A.pdf

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

In re: ) FILED July 24, 2012 ) UPDATES TO THE CHAPTER 13 ) BANKRUPTCY GENERAL ATTORNEY FEE GUIDELINES ) ORDER NO. 173-A ) ____________________________________)

On November 1, 2011, the Judicial Conference of the United States made an

inflationary adjustment to the miscellaneous fee schedules for the federal courts. The adjustment was made using a compounded calculation based on the Employment Cost Index (ECI) from the time of the last adjustment to those schedules. This seems an appropriate methodology for an adjustment to Chapter 13 Attorney Fee Guidelines.

Based upon the ECI for the period running from 2008-2011, all attorney fees

contained in the guidelines are adjusted 8.4% and rounded as appropriate. In addition, the court, has added a new fee for motions to value real property, treat claim as unsecured and avoid junior lien (lien strips) of $625.

IT IS ORDERED that the guideline fees are revised as follows:

Fee Category Current Guideline Fee New Guideline Fee

Consumer Case $3,300.00 $3,600.00

Business Case $4,000.00 $4,350.00

Modified Plan (Post Confirmation) $600.00 $650.00

Opposition to Motion for Relief from Stay (Personal Property) $450.00 $490.00

Opposition to Motion for Relief from Stay (Real Property) $575.00 $625.00

Obtaining Orders re: Sale or Refinance of Real Property (By stipulation or noticed hearing) $500.00 $545.00

Objections to Claim (Uncontested objections without hearing) $250.00 $270.00

General Order #173-A

Fee Category Current Guideline Fee New Guideline Fee

Objections to Claim (Contested objections with a hearing) $350.00 $380.00

Oppositions to Dismissal/Motions to Avoid Lien/Other Routine Pleadings $450.00 $490.00

Motions to Value Real Property, Treat Claim as Unsecured and Avoid Junior Lien (Lien Strips) Proposed New Fee 0 $625.00

Motions to Impose/Extend Automatic Stay (Unopposed) $350.00 $380.00

Motions to Impose/Extend Automatic Stay (Opposed) $500.00 $545.00

A revised Chapter 13 Attorney Fee Guidelines and Chapter 13 Rights and

Responsibilities containing the new guideline fees will be posted on the court’s website located at www.casb.uscourts.gov on the effective date.

IT IS FURTHER ORDERED that the period of comment shall be now until

August 23, 2012. The effective date will be August 24, 2012. Any comments should be submitted to the Clerk of Court, at 325 West “F” Street, San Diego, CA 92101-6017. Comments seeking an increase above the new fee established for Lien Strips must include billing records and/or other documentation for the court to consider. Please note on the envelope: “In re: 13 Fee Guidelines”.

DATED: July 24, 2012

s/Peter W. Bowie s/Louise DeCarl Adler

PETER W. BOWIE LOUISE DeCARL ADLER Chief Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

s/Laura S. Taylor Recused

LAURA S. TAYLOR MARGARET M. MANN Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

General Order #173-A