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    Upfront payment to attorney?

    Hello, I'm seriously considering Chapter 13. I have about $1300 in internet payday loans (I know, stupid!), $800 in credit card debt, am one month behind on a car payment with a loan totalling $14,000, student loan at $7,000 (consolidated with a low interest rate), a $2,000 401k loan, and owe over $2,000 in random collection debts such as utility bills. at the moment, I'm late on rent (by almost two weeks), my gas has been shut off and I've been suffering through some seriously cold showers. I've stopped direct deposit through work and will be stopping automatic withdrawals through my bank because I will be in some serious trouble if I can't have the entirety of my next paycheck to pay bills...the payday loans are too much at this point, I'm in way over my head. How I got into this situation is a long and involved story so I won't even go there, though I have no one to blame but myself.

    I've worked for the same company for 5+ years and earn 40k per year. I've recently taken a second job for 30 hours a week and will be making about $500 extra a month.

    I've got nothing but fifteen dollars to my name at the moment. My landlord sub-leased my apartment because I've been paying late for over six months (I agreed to this) and I've signed a lease for an apartment in August, but it appears I'll be homeless, or close to it, June-July. I need every penny I earn to go towards housing and feeding myself until August when I'm in a more affordable situation (with a roommate and a flat utility fee). I also need to stay current on my car so I can make it to my two jobs because public transportation is not an option here.

    Question- Will an Attorney request some kind of upfront fee or will it be wrapped into Chapter 13 repayments? I have a legal plan through work so I imagine the fees would be minimal, but I don't imagine being able to afford much more than a hundred dollars or so.

    #2
    Most attorneys require a portion of their fee and the filing fee up front - if they do that, they put the remaining portion in to the Chapter 13 Plan. Student loans are not dischargeable in BK and I am not sure if you paid it off via a consolidation loan according to your posting. As to the 401(k) loan, you will probably have to continue to pay that through payroll deduction outside of your plan payment. If you fail to pay on it, the balance will become a distribution to you and you will have to claim that as income on your taxes for that year along with taxes and penalties. Not a good thing. I suggest you call and make an appointment for a free initial consultation with a BK attorney to find out where you stand. Take with you a listing of all your bills, monthly payments, paystubs, sources of income, listing of assets and your most recent tax returns. You will then be in a much better position than to guess on things. Best of luck to you!
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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