What would you like to do?
Can you discharge divorce attorney fees in bankruptcy?
The judge handling the divorce proceedings would rule on what portion of the 13 payments would be the responsibility of each party.
Answer Attorneys fees do not receive any special treatment and are dischargeable in bankruptcy. They may receive special treatment where they were awarded as part of a divo…rce or separation agreement. If the attorneys fees are found to be in the nature of a support obligation then they will not be discharged as part of the bankruptcy.
Your best bet is to contact you local Bar Association for a lawyerthat works with low-income persons or they may have names oflawyers that are willing to waive the retainer an…d be paid at alater date. If you have been without work, or are a mother withchildren and have no money you can phone "legal aid" (it's in yourphone book and if you can't find it ask the operator and they'llgive you the number.) If you go into most book shops you can find a book on "How to get aDivorce" that will give you guidelines to let you know what to do.You can actually file to the courts for a divorce and bypass thelawyer. If there are children, a lot of property or a businessinvolved it's best to go straight to a lawyer. Also, some lawyers will give you anywhere from 1/2 hour to a fullhour of free legal advice. Ask your friends or family if they knowof anyone.
If a judgment is granted to your divorce attorney because you did not pay legal fees can your wages be garnished?
Answer It depends on the state... Probably. * Four US states do not allow garnishment if there is another option for the …judgment holder to collect monies owed (bank account levy, seizure and liquidation of non exempt property, lien against real property). Those states are North and South Carolina, Texas and Pennsylvania. In all other US states a judgment holder can garnish wages. It would be quite simple for an attorney as they already have the necessary information to execute the judgment as a wage garnishment.
If you paid the attorney retainer fee for bankruptcy and before filing the bankruptcy laws change can the attorney then increase the total amount to file bankruptcy?
Answer It depends. If the fee was paid and the client did everything they were supposed to do, such as give the attorney all of the documents needed… to file the bankruptcy, paid in full before the law change, did not change their contact info without telling the attorney, etc, and the attorney simply failed to get the petition filed, then I believe the client would have a good argument for malpractice to persuade the attorney to do it for the same price as before the law changed. However, if the client failed to provide all of the documentation or do something else he or she needed to do to allow the attorney to prepare the petition, or failed to go to the attorneys office to sign the petition prior to filing, or moved without advising the attorney of where they moved to so the attorney was unable to contact them to hurry and file, etc, then the attorney can adjust his or her fees based on the new climate in which the case will be filed. Certainly since the bankruptcy law changed effective 10/17/05, the amount of work an attorney has to do has increased dramatically. Also, the filing fee the court charges has gone up. Hope this helps! Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. Thanks!
Perhaps the pure answer is Yes, BK courts have great authority on being able to discharge debts, incurred pre-petition, in accord with established priorities of claims. So, th…ings like administrative fee's for the bankruptcy are normally paid in full, regardless. Will the Court discharge another attorney's fees, incurred while essentially doing things favorable to the party and the debtors (that is assuring all rights to deserved money is received), regardless of when incurred, is another question. And clearly, any attorney is generally well equipped to defend his right to collection and support why he should be paid before others. And I suspect, to assure you get a favorable result from the BK (which may not be the process your thinking) you would need to hire another lawyer to handle the BK process, and pay their fees. The correct answer is that an attorney representing a disabled client in a Social Security Disability claim or appeal will receive one-third of the amount owed from the date the claim was filed to the date it was allowed. This is a lien on the arrears and it will not be discharged in a bankruptcy.
Sure. One action doesn't preclude the other.
No, but you may accidentally have come up with a new meaning for "chutzpah."
Usually, each party pays for their own attorney. You can ask the Court to make your spouse pay for your attorney, but you need to have a very compelling reason why that's nece…ssary.
Yes although that will be a factor for consideration when the court looks at your bankruptcy application. And keep in mind that filing for chapter 7 as an individual will onl…y help with your individual, not collective debts. By that I mean you will still be responsible for those joint debts you have with your spouse.
An individual can file bankruptcy without an attorney, and therefore file without attorney fees. But the process is complicated and would require a person who is knowledgeable… of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and the local rules of the court in which the case is filed. The rules are very technical, and a misstep may affect a debtor's right. The long-term consequences for filing bankruptcy are very heavy. There are attorneys who provide certain free legal services and consultations to determine the best avenue in debt management. These may also provide assistance to those qualified, in no down payment or monthly installment plans. It would be best to contact those attorneys directly for a list of services.
Usually the debt is reaffirmed under the same terms and conditions as originally agreed. Most of those allow attorney's fees to be added, along with costs. If the original agr…eement did not allow those expenses, they are not allowed in the reaffirmation unless the reaffirmation agreement allows them. Did you not read your reaffirmation agreement before you signed it? Do you even have the original agreement?
Can an attorney re-open a chapter 7 bankruptcy that was previously discharged due to the petitioner's failure to pay legal fees?
No they cannot, this is why attorneys ALWAYS want to be paid in full before doing a chapter 7 BK.
No, such fees would be discharged as well as the other debts- so you cannot be forced to pay. Due to this fact, when doing a chapter 7, a bk attorney will ALWAYS insist on bei…ng paid up front in full. ans The above is either an idiot or a wacko...take a choice. Attorney fee's, like all administrative expenses for the bankruptcy estate, are priority payments made as part of the resolution. Yes, you may have to pay some amount to retain the lawyer, and he may want to assure enough funds will be avialabe in the estate to pay for his expected fees.
Bankruptcy filing fees can vary from one attorney to another. Chapter 7 filing fees average $300 and Chapter 13 averages around $280. Generally more experienced lawyers may ha…ve higher rates.
I think it is not possible, but there are many lawyers who provide free legal advice. You can consult with them for free of cost.