An attorney and contingency lawsuit case

[anewday]

I signed a retainer agreement with an attorney in October 2008 for an unlawful termination/whistleblower case. The case was/is contigency.

I filed Chapter 7 on June 29,2009. I fired the attorney yesterday for failing to properly represent me, a new attorney has picked up the case.

I had my BK attorney notify my fired attorney and add him to my creditor matrix.

The fired attorney is now stating he is going to file a lien on my lawsuit and file an A.P.

Doesn't my chapter 7 filing make all agreements signed before the filing date null and void?

[HHM]

This is a rather technical issue about how attorney's liens work in your state. But, the burden is on the attorney to demonstrate that his claim on proceeds of the suit are considered non-dischargeable (frankly, I think he is fighting an uphill battle).

Other point of note, did you disclose this lawsuit in your petition. If the event that gave rise to YOUR claim occured before filing BK, then the lawsuit is an asset of your BK estate. Has the Chapter 7 trustee said anything about what he wants to do with it?

[anewday]

Yes, I listed the lawsuit as an asset the trustee had no interest in it. Already listed in PACER his request to be discharged from duties as trustee

This is a rather technical issue about how attorney's liens work in your state. But, the burden is on the attorney to demonstrate that his claim on proceeds of the suit are considered non-dischargeable (frankly, I think he is fighting an uphill battle).

Other point of note, did you disclose this lawsuit in your petition. If the even that gave rise to YOUR claim occured before filing BK, then the lawsuit is an asset of your BK estate. Has the Chapter 7 trustee said anything about what he wants to do with it?

[HHM]

The issue is this...does your previous attorney have a "perfected" attorney's lien on proceeds from the suit, if yes; liens survive BK, if not, then he is most likely out of luck.

[anewday]

Where would I find out if such a lien exists?

The issue is this...does your previous attorney have a "perfected" attorney's lien on proceeds from the suit, if yes; liens survive BK, if not, then he is most likely out of luck.

[HHM]

Ask an attorney ...actually, that is the best I can do.

Attorney's liens are sometimes created automatically, sometimes the attorney must at least file a motion with the court where the lawsuit was initiated. It is going to come down to how your state law handles this.

[OhioFiler]

I signed a retainer agreement with an attorney in October 2008 for an unlawful termination/whistleblower case. The case was/is contigency.

I filed Chapter 7 on June 29,2009. I fired the attorney yesterday for failing to properly represent me, a new attorney has picked up the case.

I had my BK attorney notify my fired attorney and add him to my creditor matrix.

The fired attorney is now stating he is going to file a lien on my lawsuit and file an A.P.

Doesn't my chapter 7 filing make all agreements signed before the filing date null and void?

If the bold statement above is correct he hasn't filed a lien and is probably SOL.

[anewday]

There is no lien on the lawsuit right now. I just fired the attorney on Thursday and substituted counsel forms filed on Friday.

That bold statement is exactly what the attorney said to me. He stated he would get the trustee involved, not sure if he can even do that.

If the bold statement above is correct he hasn't filed a lien and is probably SOL.

[HHM]

There is no lien on the lawsuit right now. I just fired the attorney on Thursday and substituted counsel forms filed on Friday.

That bold statement is exactly what the attorney said to me. He stated he would get the trustee involved, not sure if he can even do that.

FYI: Attorney's liens do not work like other liens, typically there is nothing to file. The line is created by statute (at least in many states).