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How many of you got to include your attorney fees in your Ch 13 plan?

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    How many of you got to include your attorney fees in your Ch 13 plan?

    My attorney does not allow that. I'm not sure whether it's because of her rules or our district/state rules. Anyone know where I can find out? I'm in Eastern Missouri. We could file so much more quickly if we could include them in our plan.
    Filed: 11/10; 341: 1/11; Confirmed: 2/11
    49 payments down, 11 to go...

    #2
    Wow...strange. When we thought we were going to have to file 13 our fees were included. I would check with some other attorneys that do 13's if you can find them.
    Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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      #3
      I paid $1500.00 before filing the balance is included in "plan"
      Filed 7/17/10 1st 341 8/17/10 2nd 341 9/16/10 1st confirmation 10/06/10 2nd confirmation 11/10/10 Bar Date 11/15/10 3rd and final confirmation hearing Dec 8 and acceptance of plan Dec 29 2010....

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        #4
        I paid $3000, and the attorney is including $1500 into the plan. The $1500 is to do the lien stripping.

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          #5
          It could be a business decision by the particular attorney. Many will wrap a portion of the fees in to the plan, as they are amongst the first in line to be paid from the plan. However, I can see how an attorney could be burnt by this. (If people don't pay enough months in to the plan, or convert to a Chapter 7..)
          Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
          I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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            #6
            Originally posted by newbie2 View Post
            It could be a business decision by the particular attorney. Many will wrap a portion of the fees in to the plan, as they are amongst the first in line to be paid from the plan. However, I can see how an attorney could be burnt by this. (If people don't pay enough months in to the plan, or convert to a Chapter 7..)
            Okay, that makes sense. I just wondered if this was per attorney or determined by the district/state/trustee. Thanks!
            Filed: 11/10; 341: 1/11; Confirmed: 2/11
            49 payments down, 11 to go...

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              #7
              $1,500 up front and the remainder rolled into the plan. He has been paid in full and we are only 14 months into the plan. Yes they are usually the first to get any disbursement.
              Filed July 2009. Discharged 08/08/2014. Awaiting closing. We made it !!!! Woo-hoo!

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                #8
                You need to check with your District. Putting a good part of the fee into the plan is common. Additionally, most Districts have something known as the "no-look" fee which sets the amount an attorney can charge anyhow. Some of that Chapter 13 fee is for "monitoring" of the plan/case.

                For an attorney to want it all up front... smells funny to me.
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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                  #9
                  We paid 250 to retain the attorney. Another 250 when we turned in a stack of paperwork. Then 250 when we signed and filed. The remaining 2000 is included in the plan.
                  Filed Ch 13 10/7/10
                  341 11/5/10
                  Confirmation 12/15/10

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                    #10
                    $1500 retainer, $2250 in plan.
                    Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
                    0% payback to unsecured creditors, 56 payments down, 4 to go....

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                      #11
                      I live in Missouri too and I paid a retainer fee to the lawyer and filing fees up front but the remainder (about $2,300) is being paid to him throug our plan. I think it was about $700 total upfront...
                      CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
                      Discharged: 7/25/12

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                        #12
                        We didn't ask for it, but they put $1000 into our plan which helped because it's not cheap to file a 13.
                        Ch. 13
                        5 payments down, 55 to go

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                          #13
                          our attorney required no retainer, his fee for filing 13 including lien strip by AP was $2750 (2500 file / 250 AP) - and we rolled it all into the plan.

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                            #14
                            $1000 CASH only. 100 dollar bills.

                            Rest went into the plan.

                            I was asked "Do you want a reciept ?" I said, " If I can't trust you , then who can I trust?"

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                              #15
                              My attorney charged 5974 total with a portion upfront and remaining in plan. This includes my lien strip and any other things that may come up durning my plan. Just went to 341 yesterday and Trustee told lawyer they will need to review the Declaration of Attorney fees since it is higher than their set amount...so we will see where that one goes. I was told this will not hurt my confirmation either way.
                              Filed CH13/5yr 7/29/10
                              341 10/7/10
                              Confirmed 11/7/10

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