Previous atttorney fees dischargeable?
We are going to let my Chapter 13 case get dismissed because we are unable to meet the payments and our attorney said "this is as good as it gets". We got some very bad legal advice because we have spoken to about 10 other attorneys and we belong in a Chapter 7. We included $2500 of the $3000 legal fees in the plan payment. Is this considered earned already or will we be able to discharge the $2500 if we put it our Chapter 7 (haven't asked our new lawyer yet)? We are in Kansas if it matters. Thanks
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any money paid into your plan so far will be used to pay off the attorney and the trustee. If there is anything left and your plan is NOT confirmed, then it will be returned to you. If you are confirmed, anything left will go to creditors. -
we filed 4-8-09 and were confirmed 6-19-09. we have only sent $700 into the plan out of $2805 that should have been paid by now. it will be $3740 that we should have paid on 8-8-09. nothing has been disbursed.Comment
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I was told by one attorney, to fire my current attorney (because I was unhappy with), and if he tried to charge me anything that I would just discharge it in my case anyway. So to answer your question, yes it is dischargeable, make sure you list it in your creditor list.Comment
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the he will only get 700 minus the trustee percentage. Your next attorney however might demand more up front however and yes just make sure you list the attorney as a creditorComment
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