Changes to Chambers Procedures

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The following changes have been made to Chambers Procedures:
 

Chapter 13 Presumptive Fee*

 
The Court has carefully considered the information and proposals submitted by various members of the Utah Bankruptcy Bar regarding presumptive fees in Chapter 13 cases. The Court has conducted its own investigation of presumptive fee awards around the country, and it has also considered increases in the Consumer Price Index since November 2010 and cost of living differentials as to Utah and other states.
 
Based thereon, the Court hereby approves the following increases to presumptive fees in Chapter 13 cases filed on or after January 1, 2018:
 
Under median case with payment < $200 $3,000 → $3,500
Under median case with payment ≥ $200 $3,250 → $3,750
Above median cases (including business cases) $3,500 → $4,000
 
 
The presumptive fee covers compensation for the following legal services: (1) services through confirmation of the Chapter 13 plan, including responding to pre-confirmation motions for relief from stay; (2) completion of the claims’ review process under Local Rule 2083-1(l) (excluding fees for prosecuting a contested hearing on the claim objection); (3) certification of debtor’s completion of the personal financial management course under 11 U.S.C. § 1328(g); and (4) completion of the Request for Discharge under Local Rule 2083-1(m) and using Local Form 2083-1.
 
The presumptive fee is conditioned upon counsel's timely performance of services including timely responses to objections to confirmation. The Court retains discretion in all cases to determine the appropriate award of fees and may award fees in an amount less than the presumptive fee if counsel fails to provide timely and competent services.
 
If counsel feel the value of their services in a particular case is greater than the presumptive fee, they may file a fee application for consideration by the Court.
 

* For a more detailed discussion of presumptive attorneys' fees in chapter 13 cases, see this Court's Memorandum Decision on Attorneys' Fees in Chapter 13 Cases, Miscellaneous Case No. 06-50001, dated March 22, 2006.

 

Motions to Convert From Chapter 7 to Chapter 13

 
Every motion to convert a case from one under chapter 7 to one under chapter 13 must state whether the debtor has received a chapter 7 discharge in the case to be converted. If the debtor has received a chapter 7 discharge in the case, the motion must request that the chapter 7 discharge be vacated or request that the case be converted without vacating the chapter 7 discharge. If the motion to convert requests that the case be converted without vacating the chapter 7 discharge, the motion must be set for hearing.

 

Published: 
Thursday, January 4, 2018 - 11:30