Can legal fees be included in my bankruptcy plan? 26 Answers as of September 28, 2011

Yes, it is possible depending on the policy of each particular attorney.

If you are talking about past due legal fees for some issue *prior* to your bankruptcy, then the answer is not only can they be included in your Chapter 13 plan, but in fact they *must* be included (as must all of your unsecured debts and mortgage arrears). If your question is whether the legal fees from your bankruptcy attorney can be included, then the answer is that they may be included, but that is an issue that you will need to discuss with your bankruptcy attorney. Attorneys fees paid through the Chapter 13 plan will be considered administrative, so the full amount of the fee must be paid in the plan in order for the plan to be confirmed. I often include at least a portion of the Chapter 13 attorneys fees in the Chapter 13 plan assuming that (a) I believe that the debtor intends to be see the case through to discharge, and (b) the inclusion of the fees will not make the plan unfeasible.

Yes, you can pay attorney fees in a Chapter 13 plan. The amount to be paid depends on the attorney you hire. My firm, however, is flexible and have filed some cases with no money down. However, you have to demonstrate an ability to make your plan payments. Otherwise, I require more money before filing your case.

All money you owe must be included in your bankruptcy. The plan will pay out on valid claims. If you are asking for a payment plan to your bankruptcy attorney, that is up to the individual attorney's practice. Most get a substantial fee in advance. Most chapter 13 plans fail and most of the work for the attorney is on the front end.

Are you asking if you cannot pay your own lawyer in a Chapter 13? If that is your question, no. You can, if you and the lawyer agree, pay his fees under a plan.

Absolutely. I do it all the time. However an attorney filing for you may wish a specific amount up front. Thanks for tuning in.

If you are talking about the fees for the attorney who represented you in the Chapter 13, at least some portion of the fees usually are included in the Plan.

Yes. Such expenses may be included in your Plan if your attorney agrees to be paid in that manner.

Most attorneys put the majority of their fees in a Chapter 13 plan. I am not aware of any that put the entire fee in the plan. I am aware of those that want all their fees paid in advance. This is a good question to ask any prospective attorney.

Yes. Although most attorneys would take at least 1000 up front to cover the initial paper work.

In most instances, some if not all attorney fees are included in the Chapter 13.

Yes, in a Chapter 13. Thank you,

Yes, legal fees may be included in a chapter 13 bankruptcy.

That is up to the attorney. Usually we will allow of our fees to be paid through the plan.

Most of the attorney's fee in Chapter 13 cases is paid as part of the plan payments (included in the Plan). However, most attorneys require that a certain amount be paid before filing since the attorney would receive no additional fees or little additional fees if the plan is not confirmed or the case dismissed should the client default on payments.

Yes. Most attorneys request a portion up front and then a portion paid throughout the life of the Chapter 13 plan.