12 Strategies for Increasing Your Chapter 13 No-Look Fee

There is more than one way to successfully argue in favor of higher No-Look fees, so if one door is closed, look for another.

Door #1: Get all your consumer-debtor colleagues to talk and complain about your No-Look Chapter 13 fees. If you are the only one complaining, why should your judges care? After all, if there is only one squeaky wheel, it must not be that big of a deal.

But if many people in your industry are complaining, you are halfway there! Mass protests get attention.

Then, ask your colleagues to help brainstorm to identify the problems that keep everybody from getting paid a sufficient wage. When arguing with judges, use your best reasons first.

Door #2: Get a petition signed by a majority of your local colleagues. We did this back in 2012, to great success.

• See Documents 6 and 7.

Door #3: Identify and approach your Consumer Debtor Bankruptcy Bar’s influencers.

• Who does everybody listen to?
• Who has the most sway with the court?
• Who runs your local rules committee?
• What lawyers, trustees or judges are most approachable?

Securing the support of influencers sets the stage for success.

Door #4: If available, go see your judges in person, bringing your best arguments and proof with you.

Door #5: Ask for a public hearing on the issue, with one or or all of the judges present.
This is the strategy we used back in 2015.

Door #6: If applicable, offer a well-thought-out and reasonable proposed change to local rules. At the request of a judge, we also used this strategy in 2015.

Door #7: If your local rules committee has sway, present your case to them.

A suggestion: Talk to some or all of them ahead of time.

Door #8: It can’t hurt to write to your judges. If you cannot contact them directly, write to them care of the Clerk of the Court. This is one of the strategies we used back in 2012.

Door #9: If the timing is not right, wait a few months and try again. Don’t give up. Getting paid what you deserve is important.

Door #10: Even if you got an increase in the last two years, apply again if:

• the was not enough,
• your judges left the door open to reapply or for reconsideration, and/or
• You and your colleagues are suffering because of the ongoing, acknowledged and manifest devastation caused and continuing to be caused by inflation.

Door #11: Follow up, follow up, follow up, with everyone on everything. Too much is always too much, but if your cause is just, always remember that the squeaky wheel gets the grease.

Door #12: Get NACBA to work up a open letter to judges to prime the pump for getting you higher No-Look fees and/or better treatment in the payment of your attorney fees.