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:-)
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BK Attorney Payment Question
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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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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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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 73/2/09- 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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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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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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