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    BK Attorney Payment Question

    For those of you who have file, do most lawyers want a certain amt up front for the case and then the rest at your 341 or something like that? Or do most lawyers want it all up front? Thanks:-)

    #2
    Based on my limited knowledge, most attorneys want most if not all of their fee paid before filing a chapter 7, but that it certainly not a hard and fast rule...

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      #3
      Ch 7 lawyers will require the full amount up front before filing your case but Ch 13 will require a certain amount to file and the rest can be included in your ch 13 payments. This is the way it was explained to me anyway!
      "Don't let your wants overload your a**"
      (author unknown)

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        #4
        For chapter 7, ALL attorneys will require the full fee up front. The reason being, the bulk of the work is actually done before the case is ever filed and they can't become a creditor of yours in BK.

        In a chapter 13, "some" attorneys will role their fee into the chapter 13 plan. Although at first blush this seem good, it is problematic.
        Last edited by HHM; 04-08-2009, 04:37 AM.

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          #5
          My Attorney was all up front 3300.00 it was hard to hand over all that at once, but now I'm glad I got it over with.
          "I'm old enough to know better, but too young to care"
          Filed Chapter 7 January 25th 2010
          341 Hearing March 4th 2010
          Discharged May 10th 2010

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            #6
            That makes sense! Thanks:-) I was hoping that we wouldn't have to pay all the $$ up front for a ch 7! Oh well.

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              #7
              My attorney wants $1500.00 for the entire Chapter7 (+ court fees). He wants an initial $100 retainer and once that is paid I can give my creditors his name and # and he will field all of my collections calls. Then he wants $1174 which I can make payments on, before he files (which includes $274 filing fee to the the court) .....then he wants the final $500...6 weeks after filing.

              Now on a 13 he wants $100 upfront. $1799 to file (includes court fees) and another $1500 to be paid in the plan.

              Both of these arrangements contain both the pre and post consumer counseling (which is done right in his office.)

              I am paying my $100 TODAY!! I can't wait, then I can tell my non-secured creditors where to go........to get information of course.

              D...

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                #8
                Our attorney wanted our money all up front.
                Retained my attorney 09.27.08
                Filing Ch. 7 02.23.09
                341 Meeting 03.25.09 :unsure
                Discharge 05.27.09

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                  #9
                  My attorney wanted half his fee plus the filing fee up front before filing. After he filed with the court, I made payments over 3 months. My last payment to him was two weeks after discharge.

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                    #10
                    My attorney wanted everything up front - $2674 (includes filing fee, required education courses etc - everything).
                    Filed CH 7 9/30/2008
                    Discharged Jan 5, 2009! Closed Jan 18, 2009

                    I am not an attorney. None of my advice is legal advice in any way..

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                      #11
                      My dad's attorney told him how much it would cost (around $4,000 - $5,000) but he has only asked $1,500 to retain him so far.

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                        #12
                        Mine took half the day of filing, the other half he needs by the 341 hearing.

                        Obviously it's a fine line for a chapter 7 attorney to do "payment arrangements" when doing chapter 7
                        3/2/09- Filed: chapter 7 / No asset
                        4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
                        4/2/09- Trustee Report of No Distribution Filed
                        6/24/09- Discharged and case closed

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                          #13
                          A debt to your attorney is an unsecured debt, so they want to be paid up front before you file - or else they can't collect. Most will let you pay a retainer then payments until you have paid them in full, but they won't file until it's paid.

                          I plan to pay it all at once when I get my tax return so I have fewer excuses to drag my feet.
                          Scared to file. Scared not to file.

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                            #14
                            Yes, that is correct, Recessionist. My attorney allows payments, but does not file until everything is paid (Chapter 7-not sure of his policy on Chapter 13, but I think he requires all before filing there too). He charged $849.00 + $299.00 filing fee = $1149.00. I paid it all at once to get it over with. His fees were very reasonable and I am very satisfied with his work so far. 341 is on 4/22.

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