CACB — TCG Supplement 3015-1: Chapter 13, Presumptively Reasonable Supplemental Fees

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/the-central-guide/TCGSupp3015-1%28v%29_Ch13Fees.pdf

The Central Guide Supplement to LBR 3015-1(v)

Presumptively Reasonable Attorney’s Fees in Chapter 13 Cases

The Central Guide Supplement 3015-1(v) May 2024

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The Central Guide Supplement 3015-1(v) May 2024

Guidelines for Allowance of Attorneys’ Fees in Chapter 13 Cases

These guidelines govern the allowance of attorneys’ fees and costs in chapter 13
cases in this district.

(a) Fees for Services Described in Bold Face Type in Rights and
Responsibilities Agreement Between Chapter 13 Debtors and Their
Attorneys (“RARA”). An attorney may receive an order approving fees up
to a maximum amount of $8,500 in a case where the debtor is engaged in
a business; or $7,000 in all other cases without filing a detailed fee
application if:

(1) The attorney has filed with the court and served on the chapter 13
trustee the statement required pursuant to Rule 2016 of the Federal
Rules of Bankruptcy Procedure and a fully executed copy of the
RARA; and

(2) No objection to the requested fees has been raised.

(b) Fees for Additional Services Without Filing a Detailed Fee Application.
An attorney may also receive an order approving fees for the following
identified additional services in an amount not to exceed the maximum
amount identified for each service after filing a fee application, but without
providing a billing statement for the listed fees:

The Central Guide Supplement 3015-1(v) May 2024

Presumptively Reasonable Fees (No Look Fees)

For Services Provided in Chapter 13 Cases filed on or After May 1, 2024

NO LOOK FEE
LEGAL SERVICE
MAXIMUM

MOTION TO EXTEND/IMPOSE STAY
$1,025.00
(NO OPPOSITION)

APPLICATION FOR ORDER SETTING HEARING ON
SHORTENED NOTICE [LBR 9075-1(b)] $500.00
(NO OPPOSITION)

MOTION TO AVOID LIEN (11 U.S.C. § 506(a))
$1,725.00
(NO OPPOSITION)

MOTION TO AVOID LIEN (11 U.S.C. § 506(a)) RESOLVED
$2,050.00
BY A STIPULATION AND ORDER TO AVOID LIEN

MOTION TO AVOID LIEN (11 U.S.C. § 522(f))
$1,025.00
(NO OPPOSITION)

OBJECTION TO CLAIM (MOTION TO DISALLOW CLAIM)
$1,325.00
(NO OPPOSITION)

OPPOSITION TO TRUSTEE'S MOTION TO
$500.00
DISMISS/CONVERT CASE

MOTION TO MODIFY PLAN
$1,025.00
(NO OPPOSITION)

MOTION TO REFINANCE/SELL REAL PROPERTY
$1,025.00
(NO OPPOSITION)

MOTION TO INCUR DEBT
$1,025.00
(NO OPPOSITION)

APPLICATION FOR ORDER CONFIRMING THAT LOAN
$425.00
MODIFICATION DISCUSSION WILL NOT VIOLATE STAY

ADVERSARY PROCEEDING TO AVOID LIEN (NO
$2,775.00
RESPONSE)

LOAN MODIFICATION MANAGEMENT PROGRAM
$3,375.00
(ATTORNEY’S FEES AND COSTS)

The Central Guide Supplement 3015-1(v) May 2024

Presumptively Reasonable Fees (No Look Fees)

For Services Provided in Chapter 13 Cases filed Prior to May 1, 2024

NO LOOK FEE
LEGAL SERVICE
MAXIMUM

MOTION TO EXTEND/IMPOSE STAY
$750.00
(NO OPPOSITION)

APPLICATION FOR ORDER SETTING HEARING ON
SHORTENED NOTICE [LBR 9075-1(b)] $350.00
(NO OPPOSITION)

MOTION TO AVOID LIEN (11 U.S.C. § 506(a))
$1,250.00
(NO OPPOSITION)

MOTION TO AVOID LIEN (11 U.S.C. § 506(a)) RESOLVED
$1,500.00
BY A STIPULATION AND ORDER TO AVOID LIEN

MOTION TO AVOID LIEN (11 U.S.C. § 522(f))
$750.00
(NO OPPOSITION)

OBJECTION TO CLAIM (MOTION TO DISALLOW CLAIM)
$950.00
(NO OPPOSITION)

OPPOSITION TO TRUSTEE'S MOTION TO
$350.00
DISMISS/CONVERT CASE

MOTION TO MODIFY PLAN
$750.00
(NO OPPOSITION)

MOTION TO REFINANCE/SELL REAL PROPERTY
$750.00
(NO OPPOSITION)

MOTION TO INCUR DEBT
$750.00
(NO OPPOSITION)

APPLICATION FOR ORDER CONFIRMING THAT LOAN
$300.00
MODIFICATION DISCUSSION WILL NOT VIOLATE STAY

ADVERSARY PROCEEDING TO AVOID LIEN (NO
$2,000.00
RESPONSE)

LOAN MODIFICATION MANAGEMENT PROGRAM
$2,500.00
(ATTORNEY’S FEES AND COSTS)

The Central Guide Supplement 3015-1(v) May 2024

(1) Attorneys must file an application to receive the presumptively reasonable fees (no look fees) but are not required to provide detailed billing statements with the application.

(2) The foregoing fees do not include court appearances but do include
normal costs incurred in connection with the legal service. If the
attorney seeks reimbursement of extraordinary costs, an application
detailing the costs will be required.

(3) Some judges may not allow "no look fees" for every service provided
in the foregoing schedule. Attorneys should check the judge's page
on the court’s website for instances where the judge will not approve
the no look fee.

(c) Fees to Be Paid Other Than Pursuant to These Guidelines. If an
attorney seeks additional fees or elects to be paid other than pursuant to
these Guidelines, the attorney shall file and serve an application for fees in
accordance with 11 U.S.C. §§ 330 and 331, Rules 2016 and 2002 of the
Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules 2016-
1 and 3015-1, as well as the "Guide To Applications For Professional
Compensation" issued by the United States Trustee for the Central District
of California.

(d) In any event, on its own motion or the motion of any party in interest, the
court may order a hearing to review any attorney's fee agreement or
payment, in accordance with 11 U.S.C. § 329 and Rule 2017 of the Federal
Rules of Bankruptcy Procedure.

The Central Guide Supplement 3015-1(v) May 2024