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Is it required for attorney's fees to be paid prior to filing?

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    #16
    Originally posted by Ann View Post
    I can say first hand that when I found my second lawyer he allowed us to pay a portion up front and is allowing us to make payments on our chapter 7 case. His fee was $1600... we paid $100.00 to retain his services, another $100.00 (along with the filing fee) to file and just gave our first installment of $350.00. We will pay 3 more installments of $350.00 to be paid on the first of each month until the last installment is paid. He says he does this for all of his clients because he feels the people who need to file bankruptcy don't (for the most part) have all the money up front to be able to file. He never said anything about this being a potentially discharged debt but after thinking about it I guess it makes sense. NO WAY would I try to have his fee discharged for all he has done for me! My first attorney was paid in full and that was a disaster!!!
    Interesting, so you decided to hire an attorney that does not abide by the basic ethical standards of the profession, did not inform you the debt was actually dischargeable, and does not appear to understand that basic tenants of the legal profession. Not exactly someone I want representing me.

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      #17
      I know I had talked to a few lawyers, and all of them required payment in full before filing for the reasons giving in prior posts. Now the lawyer I finally settled on is going ahead and getting all of the paperwork done as far as collecting documentation and working on the petition, but won't proceed to finalize the petition and file before the payment in full is received.

      As far as the certified check is concerned, I know my lawyer requires the final payment be in certified funds - but this actually makes sense to me. If you think about it, there is always the possibility of someone writing a check with insufficient funds (accidentally or on purpose) or stopping payment on a check. Then, if the lawyer goes ahead and files based on that check, then he has a dischargeable debt on his hands when the check bounces. You wouldn't think someone would want to screw up the guy who is suppose to be representing them like that - but the attorney I hired said that happened to him a couple of times. That is the whole reason he started requiring the certified funds on the final payment.
      Filed: 6/30/2010
      341: 7/26/2010
      Discharged: 10/6/2010

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        #18
        Originally posted by HHM View Post
        Interesting, so you decided to hire an attorney that does not abide by the basic ethical standards of the profession, did not inform you the debt was actually dischargeable, and does not appear to understand that basic tenants of the legal profession. Not exactly someone I want representing me.
        That is interesting HHM, did you not see the post after me from a bankruptcy attorney who has numerous times attempted to do EXACTLY as my attorney is doing??? Why don't you ask her if she too did not abide by ethical standards!!! You constantly give rude remarks here where none is needed!!! I hired him based on many factors and was told AFTER I made my decision to hire him how his fee schedule works!!!!!!!!!!!!!!!!! Enough said!
        08-2009:Quit Paying Credit Cards
        04-2010:Hired 2nd Attorney;05-2010:Filed 7
        06-2010:341 Meeting (went very well)
        08-24-2010: Discharged; 09-02-2010 Closed!!

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