Is the attorney fee and filing fee always paid in advance?
The shorter answer is yes, the filing fee is always paid in advance. The filing fee in Illinois is $306 for Chapter 7 bankruptcy and $281 for Chapter 13 bankruptcy. Typically in Chapter 7 bankruptcy, the attorneys’ fees are also paid up front; though your attorney may wish to offer you other payment arrangements for services rendered after the filing of your case.
In Chapter 13, typically, your attorneys’ fees are paid through your bankruptcy whereas your attorney might request a small amount of attorney’s fees upfront to prepare your documents; it would also be willing to accept a small amount of payment every month through your trustee payments.
We understand that it is a difficult time and we want to work with you. So let’s find an arrangement that will work for both of us.