Bankruptcy and appellate courts in increasing numbers are considering whether it is appropriate for debtors filing for Chapter 7 relief and attorneys representing them to enter into bifurcated fee agreements. It has been recognized that one of the reasons that debtors may decide to file Chapter 13 rather than Chapter 7 is that attorneys require payment of the Chapter 7 fee “up front. Up-front payment is sought because, under the Bankruptcy Code, a debtor’s pre-petition commitment to pay attorney fees after the bankruptcy filing may be discharged as part of the bankruptcy process. The system created . . .
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