How Do I Get Paid for This Work?
This topic focuses on minefield issues for attorneys in chapter 13 who wish to get paid for their work pre- and post-confirmation. How does Harris v. Viegelahn apply? What happens if a chapter 13 case is converted after there is an outstanding fee award? What if a chapter 13 case is dismissed after an outstanding fee award? Can a debtor’s attorney preemptively contract to deal with Harris issues in the original retention agreement signed pre-petition? How does a debtor’s attorney get paid for work performed during the home stretch under a chapter 13 plan when there are no additional funds to be put into the plan to pay for those services? Can the attorney fees survive discharge? Does § 1328 apply to an attorney fee that was incurred for services rendered post-confirmation? What if the debtor’s attorney provides post-discharge services? How does Baker Botts affect a debtor’s attorney in dealing with fee objections?