Administrative Manual
Section 5: The "Flat Fee" in Chapter 13 Cases
5.1 The Amount of the "Flat Fee"
  Effective for cases filed on or after July 1, 2021, the "flat fee" is $4,100.00 for cases in which the amount being paid into the plan is $10,000.00 or more. For cases in which the total amount being paid into the plan is less than $10,000.00, the "flat fee" is $2,000.00.
    ~ BACK TO TOP ~
5.2 Services and Responsibilities Covered by the "Flat Fee"
  Pursuant to Local Bankruptcy Rule 2012-1, the "flat fee" includes, ANY AND ALL SERVICES AND RESPONSIBILITIES REQUIRED BY A DEBTOR DURING THE COURSE OF HIS OR HER BANKRUPTCY CASE.  Disclosures of Compensation filed with the Bankruptcy Schedules should reflect this fee amount.  Carve-outs or other exceptions to the flat fee will not be allowed.
    ~ BACK TO TOP ~
5.3 Flat Fee Election and Rule 2016 Compliance
  At confirmation, counsel for the Debtor shall elect either to accept a flat fee or to seek fees by way of application and order under Federal Rule of Bankruptcy Procedure 2016, in accordance with guidelines set forth in the United States Trustee’s “Guidelines for Reviewing Applications for Compensation and Reimbursement of Expenses Filed Under 11 U.S.C. § 330” set forth at 28 C.F.R. Pt. 58, App. A, and In re J.F. Wagner’s Sons Co., 135 B.R. 264 (Bankr. W.D.Ky. 1991).  Such election shall be set forth in the Order of Confirmation tendered to and entered by the Court. NO ADDITIONAL FEES WILL BE AWARDED TO COUNSEL ELECTING THE FLAT FEE AND COUNSEL SHALL NOT SEEK ADDITIONAL FEES FROM CLIENTS IN ANY MANNER OR UNDER ANY CIRCUMSTANCE.  Counsel seeking fees by way of application shall file an application for the same, which shall be accompanied by time records, CVs and affidavits in compliance with the United States Trustee guidelines and In re Wagner.  Any such application shall be noticed for objections and scheduled for hearing.
5.4 Possible Sanctions for Failure to Perform Services Required by the Flat Fee

Failure to perform any service required by the "flat fee" may result in sanctions, including but not limited to a reduction in the fee awarded to debtor's counsel.


    ~ BACK TO TOP ~

This page was last edited on 06/29/2021 at 07:27 AM .