helluvaman Posted February 13, 2012 Report Share Posted February 13, 2012 I also posted this in the Lawyer in the House forumLong story shortened.Was ready to do a Ch13 about 6 months ago with a 30% pay out over 5 years, on 42k unsecured debt.Returned to work after nearly a year unable to work due to 2 surgeries.Negotiated 10k to 2% int over 3 years, and settled 12k for 4500 outright last month.20k has been charged off, and I was served with a lawsuit for the total amount, plus atty fees and court costs this past week.I'm trying to crunch numbers to make an offer to settle the 20k before court (2 weeks)If I understand things correctly, if I file, the 4500 comes back into play as preferential treatment of debts and will skew my payback % and ability up a bit from 6 months ago.I guess my real question is, If I file ch13 and make the lawsuit a moot point, do the attorneys that filed the suit get to add their fees into the unsecured debt of my bankruptcy?My reasoning being, if they will get nothing if I file, they might be inclined to accept an offer of 25-30% over 3 months or so and I might even sweeten the deal by adding an additional 225.00 for their "court filing costs"Thoughts? Link to comment Share on other sites More sharing options...
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