QUESTION
What happens to the bills after bankruptcy?
Asked on Sep 20th, 2013 on Bankruptcy - Michigan
More details to this question:
My husband filed bankruptcy 2 years ago. His divorce attorney sent us numerous bills after his bankruptcy was closed and she had been notified. Now two years later, she is stating that she and my husband had a "verbal" agreement that he was going to pay the bill and he only put her on there because his bankruptcy attorney told him to. During the bankruptcy, she did not contest when she had the opportunity. The divorce was final before he filed bankruptcy.
15 ANSWERS
Richard hirsh
Those bills are discharged and the attorney is violating section 524 of the Bankruptcy code. AS the attorney knows of the bankruptcy the violation is intentional and sanctionable. You were required to list the bills and even if you promised to pay him despite the bankruptcy, your bills are discharged.
Answered on Sep 27th, 2013 at 2:12 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Any bill incurred prior to filing is discharged.
Answered on Sep 23rd, 2013 at 11:56 AM
Bankruptcy Chapter 7 Attorney serving Austin, TX
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The Law Offices of Sean T. Flynn, PLLC
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Any pre-petition debt, debt arising before you filed the case is discharged. If your attorney was listed on the bankruptcy it sounds like the debt arose before the bankruptcy was filed. No verbal, nor written agreement can avoid discharge. Only a formal objection filed before the deadline for discharge can prevent the discharge to applying to the debt.
Answered on Sep 23rd, 2013 at 5:02 AM
If the bills are for work done before the bankruptcy was filed, then they were discharged along with the credit cards, etc. it is illegal for the divorce attorney to try to collect a discharged debt.
Answered on Sep 23rd, 2013 at 2:24 AM
If the divorce attorney was listed in the bankruptcy and even if she wasn't, but wasn't intentionally omitted, she is in violation of the discharge order if she sends a bill, contacts your husband regarding the bill, or in anyway tries to collect. Send her a letter to cease and desist and if she doesn't, you can sue her. You would have to reopen your case, but it might be worth it.
Answered on Sep 23rd, 2013 at 1:06 AM
2 Awards
The attorney is violating the discharge injunction. I recommend sending a letter advising entry that the debt is discharged and should he or she continue to attempt to collect the debt the debtor will seek sanctions from the bankruptcy court.
Answered on Sep 20th, 2013 at 3:43 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In New Jersey, I would say that she is out of luck and can not collect the bill and is in violation of the Bankruptcy Discharge..
Answered on Sep 20th, 2013 at 2:45 PM
A verbal agreement isn't worth the paper it is written on! LOL! If the services were performed prior to the bankruptcy, this debt was discharged. If services were provided after the bankruptcy, then the fee for those services would not have been discharged. This contact may be a serious violation of the bankruptcy discharge and your spouse should contact his bankruptcy attorney for representation.
Answered on Sep 20th, 2013 at 2:17 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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The attorney is in violation of the Discharge Injunction and any "verbal" agreement is not binding. If she doesn't stop, I'd hire a bankruptcy attorney to give her one last chance to comply with the law OR be subject to paying the bankruptcy attorney's fees and costs for getting her to stop.
Answered on Sep 20th, 2013 at 2:10 PM
Deborah F. Bowinski
Your husband should contact his bankruptcy attorney for assistance. It sounds as though his divorce attorney is knowingly violating the discharge order and he may have recourse against her either in the bankruptcy court or possibly in state court. There may also be grounds for a complaint or grievance with the office of attorney regulation in your state.
Answered on Sep 20th, 2013 at 1:27 PM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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The attorney appears to be violating the bankruptcy code. Ask her to cease collection ir file a motion in babkruptcy court.
Answered on Sep 20th, 2013 at 1:20 PM
William M Stoddard
The attorney was stupid. The bill was discharged like every other creditor. Tell the attorney that if the bill keeps being sent, it violates the Fair Credit Law and is subject to a penalty in suit. Your husband had a moral obligation if he said he would pay, but not a legal one. I will leave the morals up to his choice.
Answered on Sep 20th, 2013 at 1:16 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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In general, she is barred by law from seeking any pre bankruptcy fees. If she did work after the filing date, then that is collectible.
Answered on Sep 20th, 2013 at 1:00 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Your husband needs to contact his bankruptcy attorney ASAP. His own divorce bills which preceded the bankruptcy filing would generally be discharged.
Answered on Sep 20th, 2013 at 12:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If the bill was discharged, so it is. He can voluntarily pay it.
Answered on Sep 20th, 2013 at 12:46 PM