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kaedam
Posts: 38
Registered: ‎01-06-2013

Post-filing payment plan on attorney fees illegal (chapter 7)?

I've been in contact with two lawyers that I'm considering. One offers to file after only receiving the filing fee, with the remaining balance paid off in installments over a year. He's local so that's good. Not sure how much bankruptcy experience he has, doesn't advertise as having a lot, so I'm guessing not. 

The other is further away but has extensive experience and seems overall a great attorney. He told me the fees have to be paid in full before filing and that it's the law because of the automatic stay. So now I'm wondering if a post-filing payment plan is always illegal, or if it's possible to do what some do with keeping car payments after filing (reaffirming?). 

Valued Contributor
MovingForward_2012
Posts: 3,406
Registered: ‎12-19-2012

Re: Post-filing payment plan on attorney fees illegal (chapter 7)?

A post filing payment plan is not illegal as a lot of folks don't have the money upfront to pay all the fees. I think my fees were around $700 and I had them included in the Ch 13 plan. Doing that is perfectly okay. Some attorneys don't want to be paid in installments, they want all the fees paid upfront. With a Ch 7, you have to pay the fees upfront as there is no repayment plan.
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StartingOver10
Posts: 3,021
Registered: ‎03-06-2010

Re: Post-filing payment plan on attorney fees illegal (chapter 7)?

For a Chapter 7 BK filing, all the fees have to be paid up front, before the BK is filed.

 

However, for a CH 13 the payment is partially paid up front and the balance is paid in the Ch 13 plan payment. That is normal.

 

If you are filing a BK 7, the fees have to be paid prior to filing. The attorney can't collect it afterward.

For the OP, IMO it's better to get an attorney that is familiar with the process so your BK runs smoothly. Going with an inexperienced BK attorney can be a recipe for disaster.

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chasmith
Posts: 1,059
Registered: ‎05-26-2010

Re: Post-filing payment plan on attorney fees illegal (chapter 7)?

I was represented by an attorney who only practiced BK and only in the court I had to file in.  I'm convinced that having a lot of experience in the court where you're filing is critical.  The laws are interpreted differently by different courts, and even the hot buttons for a particular trustee are important. 

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