Question Attorney's Fees.

[drowninginit]

Is it normal for an attorney to ask for full payment up front before filing or do some allow payment during the process?

[justbroke]

For a Chapter 7, you must pay all fees before the attorney files. This is because the attorney is nothing more than a unsecured creditor. The unpaid fees would be discharged in a Chapter 7.

In a Chapter 13, the Attorney can put in an "administrative" claim and have portions of his fees paid throughout the Chapter 13. This is because the Chapter 13 discharge doesn't come for many months and there is time to pay the Attorney, through your Plan, over the course of the Chapter 13 Plan.

I hope this helps.

(The attorney is a special type of unsecured creditor, but s/he is an unsecured creditor just the same. They are entitled to something called "administrative" status, but they still don't want you owing money going into a Chapter 7 as they will not get their fee.)

[Amy26]

My attorney permits sort of a payment plan.... you can retain him for 1500 upfront then direct all creditor calls and such to him and then you can pay the remainder at your leisure (but he will not file until paid).

[drowninginit]

OK...I feel better.

Thank you for the quick responses...and yes it is for Chapter 7.