The Chapter 13 attorney fee in Washington DC at Steven C. Fraser, P.A. is $5,499 flat for a standard consumer case or $6,499 flat for a case involving self-employment, business operations, or a controlling interest in an LLC or corporation. The fee is set within the framework of the U.S. Bankruptcy Court for the District of Columbia’s presumptively reasonable fee under proposed Local Bankruptcy Rule 2016-5.
Most of the attorney fee is paid through the Chapter 13 plan — not at filing. The effective out-of-pocket cost to start a case is the $1,850 upfront retainer.
Fee Structure — Standard Chapter 13 Case
| Component | Amount | When Paid |
|---|---|---|
| Upfront retainer | $1,850 | Before filing |
| Remaining attorney fee | $3,649 | Through the plan |
| Total flat attorney fee | $5,499 | — |
| Court filing fee | $313 | Typically through the plan |
Fee Structure — Business Income / LLC Case
| Component | Amount | When Paid |
|---|---|---|
| Upfront retainer | $1,850 | Before filing |
| Remaining attorney fee | $4,649 | Through the plan |
| Total flat attorney fee | $6,499 | — |
| Court filing fee | $313 | Typically through the plan |
The business-tier fee applies when the case involves self-employment income, ongoing business operations, or a debtor with a controlling interest in a corporation or LLC operating a business. These cases require additional schedule analysis, monthly business reports to the Chapter 13 trustee, and review of business-related claims.
What Is Included in the Flat Fee
- Petition preparation and filing in the U.S. Bankruptcy Court for the District of Columbia
- Means test and disposable income analysis under 11 U.S.C. § 1325(b)
- Schedule and Statement of Financial Affairs preparation
- DC vs. federal exemption analysis (DC Code § 15-501 vs. 11 U.S.C. § 522(d))
- Chapter 13 plan drafting (Official Local Form, DC Bankruptcy Court)
- 341 Meeting of Creditors representation
- Plan confirmation hearing
- Routine plan modifications under § 1329 throughout the case
- Trustee correspondence and motion practice
- Post-confirmation oversight through discharge
What Is Not Included
The flat fee covers the standard scope of a Chapter 13 case. The following matters are quoted separately because they require independent court filings or proceedings:
- Mortgage Modification Program (MMP) participation under DC Local Rule 2016-5(b) — separately compensable
- Non-MMP mortgage modification motions
- Student loan adversary proceedings under § 523(a)(8)
- Lien stripping motions for second mortgages on underwater property (under § 1322(b)(2) and Pierce v. Beneficial)
- Vehicle cramdown motions in disputed cases (910-day rule analysis)
- Tax resolution work (IRS or DC OTR)
- Contested adversary proceedings not arising from creditor violations
The DC Bankruptcy Court’s Presumptive Fee Framework
Under proposed Local Bankruptcy Rule 2016-5(A)(2)(i), the U.S. Bankruptcy Court for the District of Columbia recognizes a presumptively reasonable fee structure for Chapter 13 attorney compensation. Total compensation at or below a stated ceiling — currently $5,500 for standard cases and $6,500 for cases involving business income or controlling interest in an operating entity — is presumed reasonable under 11 U.S.C. §§ 329 and 330 without requiring a detailed fee application. The Local Rule expressly prohibits attorneys from advising clients or the public that the Court requires any minimum or maximum compensation in a Chapter 13 case. Our flat fees are set within this framework as our own published rates, not as a court-required amount.
Why Chapter 13 Costs More Than Chapter 7
The fee differential between Chapter 7 ($1,750/$2,000) and Chapter 13 ($5,499/$6,499) reflects two structural realities:
- Duration. Chapter 7 typically discharges in 4–6 months. Chapter 13 runs 36 to 60 months. Active attorney involvement throughout that period — plan modifications, motions for relief from stay, mortgage payment changes, trustee correspondence, post-confirmation matters — is not optional.
- Complexity. Chapter 13 requires drafting and confirming a court-supervised repayment plan, calculating the means-test best-interests test, analyzing whether to strip a second mortgage, and coordinating with the trustee on monthly distributions. The plan itself must be defended at confirmation against any creditor objections.
How Most of the Fee Gets Paid Through the Plan
Chapter 13 has a unique advantage: most of the attorney fee can be paid by the trustee out of your monthly plan payment, rather than coming out of your pocket before filing. The mechanic is straightforward.
- You pay $1,850 upfront before the case is filed.
- The petition is filed and the automatic stay takes effect immediately.
- The plan you propose includes payment of the remaining $3,649 (or $4,649) attorney fee as a priority administrative claim under § 507(a)(2).
- The trustee distributes that amount to the attorney over the life of the plan from your monthly plan payment — alongside payments to mortgage arrears, secured debts, priority taxes, and any unsecured-creditor distribution.
- You pay nothing additional out of pocket for the base attorney fee.
Comparison: How DC Stacks Up
Chapter 13 attorney fees in DC are not publicly posted by most firms. Where rates are disclosed, the DC market typically falls between $4,000 and $7,500 for a standard consumer case, with business cases ranging higher. The Steven C. Fraser, P.A. flat fee is set within the presumptive framework specifically to keep the case within the no-detailed-application track at confirmation, which is faster and avoids the cost and delay of a contested fee application.
Frequently Asked Questions
Is $5,499 the same as the DC no-look fee?
The U.S. Bankruptcy Court for the District of Columbia recognizes a presumptively reasonable fee structure under proposed Local Bankruptcy Rule 2016-5 — currently up to $5,500 for standard cases and $6,500 for business cases. Our flat fees of $5,499 and $6,499 are set within that framework. The Local Rule expressly prohibits attorneys from advertising the Court's presumptive amount as a required minimum or maximum, so the published number is our fee — not a court mandate.
How much do I need to pay before filing?
$1,850. That is the upfront retainer for both standard and business-tier cases. The remaining attorney fee — $3,649 for standard cases or $4,649 for business cases — is paid through your Chapter 13 plan over 36 to 60 months. The court filing fee of $313 is also typically folded into the plan.
What if I cannot afford the $1,850 upfront retainer?
The retainer can be paid in installments through the secure online payment portal at your own pace before filing. When the balance is paid in full, we file the petition immediately. If immediate filing is needed (e.g., to stop a foreclosure sale or active garnishment), we discuss what options exist for emergency representation at the consultation.
Does the $5,499 cover plan modifications during the case?
Yes. Routine plan modifications under § 1329 — adjusting plan payments because of income or expense changes, addressing trustee motions, and administering predictable post-confirmation matters — are included in the flat fee. Major matters that require separate court proceedings (mortgage modifications, student loan adversaries, contested cramdown disputes) are quoted separately at the consultation.
Why is the business case fee higher?
Cases involving self-employment income, ongoing business operations, or a controlling interest in an operating LLC or corporation require additional analysis: monthly business reports to the Chapter 13 trustee, schedule preparation reflecting business cash flow, review of business-related secured and unsecured claims, and coordination with the trustee on operating disclosures. The $1,000 differential reflects that additional work.
What if the trustee objects to the fee?
Because the fee is set within the presumptively reasonable framework under Local Rule 2016-5, the standard expectation is that the Court approves it at confirmation without a detailed fee application. The Local Rule specifically allows the trustee, U.S. Trustee, or any party in interest to request a hearing to consider reasonableness — but in standard consumer cases inside the presumptive ceiling, contested fee proceedings are uncommon.