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.
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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