QUESTION

By retaining a lawyer for bankruptcy, can an attorney help with creditors harrassments?

Asked on Dec 05th, 2012 on Bankruptcy - South Carolina
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I am filing for bankruptcy. I have retained a lawyer. My lawyer stated to avoid and ignore the creditors. Creditors are getting attitudes. Can my attorney help me with these creditors before I file bankruptcy. The attorney's fees are preventing me to file sooner. As soon as I have paid my attorney's fees, he will file Chapter 13. What can I do in the meantime with creditors until My case is filed?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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Your attorney should be confirming with creditors that they have been retained to file Chapter 13 Bankruptcy. Also in a Chapter 13 Bankruptcy, your attorney can form a payment plan for you to pay his attorney fees and still file the case before you have paid in full, unlike chapter 7 bankruptcy. but if you haven't paid the initial retainer, usually $500.00-$1,000.00 most attorneys will not start any work on your case, including not dealing with creditors on your behalf. If this where the case people would retain a lawyer everyday to deal with creditors and never pay the retainer. But if you have paid a significant portion of retainer your attorney has a duty to handle your creditors for you.   I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.      Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLC Attorneys At Law   www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office:  888-269-0688 FAX:    877-475-8147
Answered on Dec 28th, 2012 at 11:46 AM

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