top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Is it just my attorney?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Is it just my attorney?

    Hi All - I was just wondering. When you file a chapter 7 with an attorney did most of you have to have the attorney paid in full before filing? I have to and was just wondering if you did too?

    Thanks in advance for your answers

    #2
    For the most part you have to have all the attorney fees paid prior to filing otherwise it is dischargeable debt and technically he would be violating the automatic stay if he collected on the balance of the fees.


    Good Luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

    Comment


      #3
      Yes, for chapter 7, you must usually pay the entire fee before filing.

      Comment


        #4
        Yes, we had to pay our attorney all his fees before filing (not all at once though, of course). Plus we had to pay to court fees.

        Footprints

        Comment


          #5
          We had to pay the court fees and a $200 deposit before filing. We have a payment plan of $50 a week. We filed before we were paid in full but we will be paid in full before we are discharged. Our lawyers fees were $900 total.

          TS

          Comment


            #6
            Yep, C7 has to be paid in full before they will file. I paid all fees upfront and then paid filing fee when I went to sign paperwork.

            Comment


              #7
              For Chapter 7 filings legally you have to have all lawyer fees paid beforehand.

              In a Chapter 13 you can roll the fees into the payment plan.
              May 31st, 2007: Petition Filed by my lawyer
              July 2nd, 2007: 341 Meeting Held
              September 4th, 2007: Discharged and Closed.

              Comment


                #8
                Ok Thanks everyone.

                Comment


                  #9
                  Two out of three attorneys I interviewed required payment in full. The third one was the the one I liked best and was also the least expensive. To my suprise he was willing to accept half of his fees up front plus the filing fee to file. I eventually paid him a bit more than half as a retaining fee and it was me who insisted on having him paid in full before I filed. It was weird to try and pay and have the attorney kind of not care if I paid now or later.
                  Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

                  Comment


                    #10
                    Me too, I had to pay in full b4 we filed.

                    Comment


                      #11
                      We paid a retainer of $500.00, then 6 months later, the balance of $1500.00. Now we were planning toward a 13 at the time. About 8 months after the balance was paid, I lost my job and had to go 7.
                      "To go bravely forward is to invite a miracle."

                      "Worry is the darkroom where negatives are formed."

                      Comment


                        #12
                        My girlfriends attorney wants her money before she files. If she saves the $1200 up before she files (10/14/08) won't having that much money in her account look bad?

                        Should she make payments when she can to help keep her account low?

                        Comment


                          #13
                          Originally posted by RK05 View Post
                          My girlfriends attorney wants her money before she files. If she saves the $1200 up before she files (10/14/08) won't having that much money in her account look bad?

                          Should she make payments when she can to help keep her account low?
                          Chapter 7 07/30/2008
                          341 09/17/2008
                          Discharge 11/21/2008

                          Comment


                            #14
                            Yes. Paid in full prior to filing.

                            Comment


                              #15
                              I had to pay my attorney in full before filing yes.

                              Comment

                              bottom Ad Widget

                              Collapse
                              Working...
                              X