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Chapter 13 bankruptcy

Virginia Beach, VA |

Can i file for chapter 13 bankruptcy then pay an attorney afterwards for the rest of the process.

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Attorney answers 4

Posted

You need to meet with lawyers in your area to discuss the terms of the fee. If you are asking whether you can file without a lawyer, and then hire one later, that is a bad idea. The lawyer will then have to fix the things that were done incorrectly.

Posted

Payments to the court will pay attorneys fees in a Chapter 13. Attorneys vary on the amount they want to file a Chapter 13 based upon your circumstances. Most will offer a free initial consultation.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

Posted

You should have an attorney before you file. Usually the filing fees need to be paid before filing, as well as part of the attorney fee. We often will put the balance of our fees in the chapter 13 payment plan, depending on your circumstances.

Diane L Gruber

Diane L Gruber

Posted

The great thing about attorney fees in a Ch.13, is that in fact you are not paying the attorney fees, your creditors are. In other words, money for the attorney comes out of your Plan payments BEFORE your creditors get anything, AND your Plan payments are NOT higher because you have an attorney. You can't handle a Ch.13 without an experienced BK attorney.

Posted

Fees are negotiable. Most chapter 13 plans include a balance of attorney's fees to be paid through the plan. In fact, the form plan approved for use in the Eastern District of Virginia is set up for this type of payment. If you intend to hire an attorney to represent you in chapter 13 bankruptcy, there is really no reason not to use the attorney at the outset to help you prepare the case for filing.

The chapter 13 trustees in this district are attorneys. All the institutional creditors are represented by attorneys. While you have the right to represent yourself or use a bankruptcy petition preparer, you will be at a distinct disadvantage in chapter 13 without an attorney on your side.

Most bankruptcy attorneys offer free consultations. You should consult with an attorney in your area to discuss your options in bankruptcy.

The foregoing is intended to be general legal information. You should consult with a Virginia attorney to discuss all your options in light of your particular circumstances.

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