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Bankruptcy question


helluvaman
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I also posted this in the Lawyer in the House forum

Long 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?

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