Consideringthe practical consequences of these disparate rules for attorneys as they decide what cases to take, andhow to structure plan payments, it is easy to see why Chapter choice, andChapter 13 success rates, would vary so dramatically from one district toanother. For example, the front-loading of payments for the legal fee, followed by a payment step-down, would seem to increase the risk of plan failure. The sooner the lawyer is paid, the less risk she takes in filing the case. That could increase access, but could also encourage filing more risky Chapter 13 plans. If we are concerned aboutthe high failure rate of Chapter 13s on the one hand, and the high costs anddifficulty of obtaining counsel on the other, we might do well to study thesevariations further to see what outcomes they produce for debtors, creditors andlawyers.
take me ill follow bybob caldwell
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