Chapter 13 legal fees can vary from attorney to attorney. In the Northern District of Illinois, there is a “no-look fee”, for which courts approve the fees, that are presumed to be reasonable. Right now, they are $4000.00 plus costs. The legal fees, if the attorney and client agree to go with the no-look fee, are for the whole 3-5 year payment plan, as a flat fee. Court costs are: Filing fee $281.00, and counseling, up to $50.00 for the first course, plus credit report, which is sometimes done as well, $30-50. The attorney can charge less than the no-look fee, depending on the case, but most charge that amount.

Most attorneys in this district who do Chapter 13 cases will take a down payment towards the full fees, with the rest of the fees and costs paid from your Chapter 13 plan payments. That can vary widely, because it is based on the amount of work needed before filing, how quickly it is needed, and the type of case.

It is important that you meet with an attorney to discuss exactly how the case will work, how much the plan payments are estimated to be, and how it will work for you. It is possible to change or “convert” to Chapter 7, but usually, additional fees and costs are involved. Also, there are consequences to converting that you need to discuss with your lawyer.

How fast the case is filed depends on how fast you can get the required documents to your attorney, and how fast you can get the down payment in. I can usually get the case prepared to be filed within a week after everything is in. Also, you need to complete a required pre-filing counseling course.

Daniel J. Winter
BankruptcyLawChicago.com
Offices in Chicago, Gurnee, Oak Lawn, Skokie, and Waukegan, Illinois
djw@DWinterLaw.com
312-789-9999