Review your fee agreement for your bankruptcy. If your attorney was owed fees at the time your petition for bankruptcy was filed, he is a creditor of your estate and the automatic bankruptcy stay would prohibit him from collecting those fees. If he did collect those fees from you after filing, it would be a violation of the stay and you could file a motion to recover the amount he collected and sanctions against him for violating the stay. When you get your discharge that will discharge any liability to your attorney for those fees. Part of the discharge order is an injunction against creditors collecting on discharged debts. If your attorney collect his discharged fees from your garnished wages, you could file a motion to recover the fees from him in the bankruptcy court. If your attorney provided you services after filing not included in the fees covered by the fee agreement, especially if it included him taking a portion of your recovered wages, there should have been a new contract between you. You indicate that there was no contract for him to be paid out of the recovered wages. Give your attorney a written demand that he turn over the check to you. If he doesn't, you can either file a motion in the bankruptcy court to compel him to turn it over or file a complaint with the state bar association. Filing a complaint with the state bar would be easier. However, should you need to hire a new attorney to represent you in the bankruptcy court, you can request in your motion that part of the sanctions against your old attorney include payment of the attorney fees for your new attorney.
Answered on Oct 03rd, 2013 at 5:37 PM