Are attorney fees always added into plan payment?

[optimistic1]

I have noticed on the website of one of the attorney's I have a consultation scheduled with, that they want you to pay their fee in full before filing a ch.13.

Is it just firm preference as to what they want from you, upfront, or rolled into plan? Or is this just the normal thing, like a ch.7, fee paid in full before filing.

[Nicollette]

Is it possible the attorney could be referring to the retainer fee and the filing fee? I'm in a Ch 13, and I had to pay $500 to retain my attorney and $274 for the filing fee. The balance of the $2500 was rolled into my plan.

[optimistic1]

I see, now it makes more sense, thank you!

[HHM]

There is nothing wrong with that fee model.

Actually, having an attorney ask for all 13 fees upfront eliminates some potential conflicts of interests.

1. Does not create a counter incentive to put you in a 13 vs 7
2. If you fail at the plan, you don't run the risk of having to owe your attorney money if you need additional help.

You should base your decision on which attorney has your interests in mind and your feel comfortable with. Keep in mind, any fee the attorney charges needs to be justified to the court.

[liz417]

Our attorney want the BK paid in full before we started...

[JillyBean]

We had to pay the filing fee upfront. The rest is rolled into the plan.

[NowImDownInIt]

I just paid a $500 retainer and $274 of that was the filing fee. The rest is rolled into the plan on mine, but paid as a priority debt. It is up to the attorney and a few in this area do require the full payment up front.

[OVisGr8]

I work for atty that requires filing fee and atty fee to be paid in full prior to filing 13. Other attys in our area do it both ways...

[optimistic1]

The fee is usually higher than the Ch. 7 fee, thats why I am asking, the problem with them asking for it before filing, is that, it give creditors and collectors time to start suing me, meanwhile I am trying to save and pay the attorney the 2000-4000 dollar fee. I would like to roll it into the plan, but I have yet to go to my 4 scheduled consults.

[OVisGr8]

^^Optimistic, you might want to consider calling around to a few attorneys. I am sure there is one in your area that puts the fees in the plan.

[optimistic1]

Good idea

[njguy1972]

my attorney has a small office and requires all the fees up front. I do not think he even has a full time paralegal.

I did not even get a free consultation. He charged me $30 for it.

I had seen another attorney (prominent bK attorney in NJ) and the local guy seemed more in line with me for trying to get my monthly payments as low as possible.

I have to meet with him to go over the numbers.

For me the means test says I have to pay back $1000 a month or close to 100%.

We need to play with the schedule I and J to try and get it below $500

I am trying to keep my 401k contribution (company matches at 6%) and student loans. I refinanced for 20 years a couple of years back. On the current schedule I will be over 50 when they are paid off. Deferring them 5 years (with interest building up) will probably not have them paid off until I am past 60.

[Andyman]

We had to pay the filing fee upfront. The rest is rolled into the plan.

Same here. Filing fee up front and his fee of $3K into the plan.

[optimistic1]

I called 4 so far, 3 of them rolled it in, 1 requires everything up front.

[HHM]

The fee is usually higher than the Ch. 7 fee, thats why I am asking, the problem with them asking for it before filing, is that, it give creditors and collectors time to start suing me, meanwhile I am trying to save and pay the attorney the 2000-4000 dollar fee. I would like to roll it into the plan, but I have yet to go to my 4 scheduled consults.

You are probably over estimating your risk of being sued. Being sued, in the big picture, is not a problem. Base your attorney selection on who you think will best serve you, not on their fee structure.