QUESTION

Is it legal to not file my bankruptcy until the payments have been fulfilled?

Asked on Mar 22nd, 2012 on Bankruptcy - California
More details to this question:
I had to file bankruptcy and was just informed that there will be no filing until the firm is paid in full. Is this usual practice?
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3 ANSWERS

If fees are unpaid at the time of bankruptcy collection is stayed automatically. The unpaid fees are discharged. As a result, all fees are collected prior to filing.
Answered on Mar 26th, 2012 at 2:36 PM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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A debt to the lawyer is discharged just like any other debt. Therefore, a lawyer, assuming it is a Chapter 7, must be paid in full before you file or the rest of the fee will die. Any lawyer that does not collect the entire fee before filing the case has to forget the rest of the money. Any lawyer that tries to collect a fee for services before filing the case is violating the automatic stay and later the discharge injunction. If services are provided after the case is filed, such as a motion to void a lien or do a reaffirmation, then that is a service after the case was filed and can be collected or the work is not going to be done. There are certain guidelines of services that must be provided by the attorney as part of the case fee and there are other services that need not be provided unless the client pays for those additional services when provided, All that should be specified in the contract you need to sign for the legal services and the disclosures you are required to file and that your lawyer must also file.
Answered on Mar 23rd, 2012 at 2:28 PM

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Bankruptcy Attorney serving Beverly Hills, CA
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For a Chapter 7, this is a usual practice. For a Chapter 13, many law firms accept attorneys fee payments through the Chapter 13 plan. For qualified wage earners, I will file a Chapter 13 with payment of the filing fee only before I file the Chapter 13 and all attorneys' fees paid through the Chapter 13 plan.
Answered on Mar 23rd, 2012 at 1:19 PM

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