Required to Pay Plaintiff's Attorney Fees in Ch 13?

[Rover]

Filing Ch 13 will stop a foreclosure lawsuit and lawsuits by unsecured creditors.

In your Ch 13 payment plan, do you have to pay the attorney fees of the foreclosing mortgagor in addition to the regular payments in arrears?

What about the attorney fees of the an unsecured creditor that had filed a lawsuit? Do those attorney fees have to be added to the amount owed the unsecured creditor?

[FilingOnMyOwn]

I don't think so. Regardless of the claims against you, you would only pay what the arranged chapter 13 payments would amount to, according to what the trustee determines you can afford.

[aa06a47]

I think the answer is yes and no. For the answer to be a yes, the trustee will have to approve it. If the trustee doesn't approve it, they will have to go to court and convince a judge they deserve it. A mortgage company might, but they might be smart and just eat it. A unsecured creditor usually ain't getting crap anyway, so they probably won't go to the extra expense to try and get blood out of a turnip.

[PI_Lvr]

I filed and did NOT include my mortgage and second mortgage. When I received my monthly statement for my second I noticed a $350 administration fee was added. I called and they said it was an attorney's fee that they billed to me because they had to ensure everything was kosher with me filing BK13. My attorney said that as long as I paid my monthly payment there would be no problem just letting that payment sit until whenever...that was over a year ago and there has been nothing from the mortgage company about not paying the fee yet.