QUESTION
Can my attorneys fees for my bankruptcy be discharged in Chapter 7?
Asked on Apr 25th, 2012 on Bankruptcy - Washington
More details to this question:
Can my attorneys fees for my bankruptcy be discharged in Chapter 7?
12 ANSWERS
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Debts incurred prior to filing are subject to discharge and there is no explicit exception for the same bankruptcy's bankruptcy-attorney's-fees. Which is why collecting on previously-incurred chapter-7 fees after filing the case is illegal. Such practice is unethical: the attorney who extends credit to a client essentially sets up the client for fraudulent incurrence of debt (here there would be incurrence of debt presumably without intention to repay, while contemplating filing of bankruptcy), and a de facto conflict of interest.
Answered on May 04th, 2012 at 4:42 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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Unpaid attorney fees are discharged in chapter 7 bankruptcy.
Answered on Apr 27th, 2012 at 12:41 PM
If you did not pay your attorney in advance (or provide security for payment), then the attorney's fee is an unsecured obligation that is treated the same way as all other unsecured debts.
Answered on Apr 27th, 2012 at 9:42 AM
Burton J. Green
Most attorneys in chapter 7 cases want to have their fees paid before the case is filed. The reason is that any unpaid fees are technically just another unpaid debt that will be discharged in the bankruptcy. The problem is that your bankruptcy attorney probably did not list the unpaid fee as an unsecured debt arguing that it was not discharged. However, you should discuss this with the attorney because the unpaid portion of the fee is not something that the attorney will want to try to enforce because the enforcement would probably subject the attorney to sanctions by the bankruptcy judge.
Answered on Apr 26th, 2012 at 9:00 PM
Yes. If you owe attorney fees when your Chapter 7 is filed, they need to be listed on Schedule F. Any unpaid attorney fees still owing would be Discharged in your Chapter 7, although that attorney will probably will not represent your any more.
Answered on Apr 26th, 2012 at 3:25 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Your attorney will likely require that you pay your fee before filing and therefore there will be no debt to discharge. If that is not done, the attorney will have divided his services into pre-filing and post-filing services and any unpaid post-filing services cannot be discharged. Finally, even if the case is filed with your promise to pay later and if you try to claim the debt is discharged, your attorney could theoretically (1) fire you and refuse to complete your case; and/or (2) sue you in the bankruptcy for fraud under the theory that you knew you were filing bankruptcy when you hired him and did not intend to pay, therefore you committed fraud. In that case, the debt would not be dischargeable. In any case, if you don't want to pay your attorney you need file without one.
Answered on Apr 26th, 2012 at 3:25 PM
Norman Linder Hull
Your attorney's fees should have been paid before you filed.
Answered on Apr 26th, 2012 at 3:02 PM
Normally you are required to pay the attorney's fees before the date of discharge, so no.
Answered on Apr 26th, 2012 at 3:01 PM
No. Attorneys fees are treated separately from other creditor payments.
Answered on Apr 26th, 2012 at 2:43 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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With a few exceptions any debt incurred before bankruptcy is dischargeable. That includes most pre-bankruptcy attorney fees.
Answered on Apr 26th, 2012 at 12:45 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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In most circumstances, yes. If the attorney fee is for a matrimonial case and you were ordered to pay your spouses attorney fees and that was in the nature of an order of support then it may be non-dischargeable in a Chapter 7. This would have to be analyzed. If you owe your bankruptcy attorney money that debt is discharged, unless there is some form of fraud that would make the debt non-dischargeable. If the attorney has secured a lien on proceeds of a settlement and the attorney fee is secured the attorney may be able to secure payment from the proceeds even if your obligation is discharged.
Answered on Apr 26th, 2012 at 12:43 PM
Bankruptcy Attorney serving Seattle, WA
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Symmes Law Group, PLLC
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Yes, however most attorneys will require you to pay them up front to avoid this.
Answered on Apr 26th, 2012 at 12:37 PM