Attorney fees

[rooster0330]

I am sure this has been asked a million other times, but here goes...The time has come after 2 years that we are going to have to file. Lawsuits are starting to show-up and we have no choice. We have already retained an attorney months ago, but the remaining balance we owe him, can we do that in installments, or does he need to be paid in full before we file. I received an advertisement from another attorney today, that said you could pay in installments, if that is the case we can file ASAP, if not we are going to have a little difficulty coming up with the money right away.

[AngelinaCat]

That is something that you needed to be clear with the attorney you retained from the start. You should have a contract between the two of you that was drawn up when you paid your retainer. You need to go and look at what the contract says.

Now, if you are entertaining the idea of hiring an attorney based upon an ad that you saw somewhere, or received in the mail, you may very well be falling prey to the land-sharks known as 'lawyers'. Chances are that you would be hiring an inexperienced person, or worse, a BK mill.

If you do go this route, be aware that it is unlikely that you will get all of the money back that you paid to the original attorney. He/she will have put some hours in already looking at your case, and consulting with you.

We hired our attorney after a brief search on the Internet, and an initial interview, in which she seemed to be 'simpatico' with our situation. We learned later that she was basically incompetent, which caused us much grief and overpayment of monies to the trustee, through errors we made, that didn't have to be made, had she done her job properly.

so, whatever you decide, please be very careful. Good luck to you.

[rooster0330]

Thanks for the reply, I am going to call our original attorney tomorrow and ask if he would accept installment payments. The reason I am refering to the advertisement I received is becuase I didn't think in chapter 7 you could make installment payments, and then I saw this. So, no way entertaining hiring him, just kind of put the bug in my head that MAYBE we could do installments. I am going to call him like I said and speak to him, we have had a lot of dealing with him in the past, and comes recommended and also is friends with several people we know! So completely comfortable with him!

[keepmine]

Most lawyers will accept installment payments but, won't file until the fee is paid in full.

[tobee43]

most all atty, (i'm certain there are a few acceptions) but most all bk atty's do take installment payments..ours took them monthly.

just remember until you file the creditors can still go after you. our atty was so nice and the firm actually sent them ALL letters telling them to STOP and direct all communication to the firm directly. but they didn't!!!

i'm sure if you call this firm, hopefully they will work with you. as angelinacat points out.......dig up the contract. it HAS to be in your paper work.

don't fret...most likely the firm will work with you. after all if you retained them a few months ago and pd $200 the past few months you'd be closer to your filing date now. best of luck to you!

[daxtell]

i was told the same thing that most of the others here have said... i consulted several attorneys and they all would accept installments; however they would not actually file the petition until the balance to them was paid in full.

[rooster0330]

My question basically was would they file, and I can pay them installments. I have already paid $500. can give another $500, this week and the total cost was $1500. So, I will call him tomorrow, but wanted to see if he would file without receiving all the money, he will have the bulk of it, but not all. We would still owe him $500. which could do in a month or so.

[tobee43]

no, i don't know any atty that will file until you are paid in full with the firm.

i think it's even on your petition, that you have to pay them first for some reason in a chapter 7 anyway.

[daylate]

I think the reason for having to pay in full is if you don't your attorney now becomes a creditor and what you owe will be wiped out in the bk. Conflict of interest I think. You "only" have 500 to go after this week-hang in there until you can come up with the other 500. Good luck.

[rooster0330]

The one thing at this point that is worrying me is that we received a lawsuit the past tuesday, I have 35 days to answer, apx June 2, then after that they most likely would be awarded a judgment, and there is no way for us to be filed by then, if we can't do payments! I guess I need to find out if they get the judgment that day, or what the real time line is, and talk to my attorney tomorrow, and maybe he can help!

[daxtell]

there are some other threads on this forum that talk about just that problem... i think you can wait the 35 days and show up to the hearing and get it delayed somehow...buying you more time until you file.... that is your answer i think.

[rooster0330]

Thank you everyone, I am going to call the attorney tomorrow, to ask him what exactly to do...I will keep everyone posted on what he said...I just want to thank everyone for taking the time to answer my question....it is support I really needed today!!!

[tobee43]

The one thing at this point that is worrying me is that we received a lawsuit the past tuesday, I have 35 days to answer, apx June 2, then after that they most likely would be awarded a judgment, and there is no way for us to be filed by then, if we can't do payments! I guess I need to find out if they get the judgment that day, or what the real time line is, and talk to my attorney tomorrow, and maybe he can help!

just give the atty that has your retainer the summons and it will be taken care of.

we had one or two or 5...just handed them over. OR you can answer it, show up in court and stall it for a while...

OR get to court and tell the judge you'll be filing BK in a day or two.

worse thing is a judgment is entered and you get an order to vacate it after your bk discharge. i know it seems like it and they will not go away...but they and IT will...it may take a bit, but promise.