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If you have retained a lawyer for bankruptcy but have not paid all of the fees can a creditor still take you to court to garnish your wages?
Wiki User
∙ 9y ago
Obviously I don't know the agreement you made with the attorney. But in general, once a retainer has been paid, a lawyer begins "acting on your behalf." Which means he/she would be letting your creditors know that you are filing a BK. And any legal action they might take, would be futile, ntil after the filing. At which time they could object and ask to have their debt dismissed from the BK. BK will halt any judgment that has been awarded. It does not matter if you have hired an attorney. The part which stops the garnishment is the FILING of the Bankruptcy.
With a Chapter 7, the attorney can refuse to file until all attorney fees are paid since his or her debt is discharged along with everything else.
Wiki User
∙ 9y ago
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How do you add a creditor to a bankruptcy after you have filed?
Check with your bankruptcy lawyer.
How does reaffirming a motorvehicle during bankruptcy work?
You, your lawyer or the creditor's lawyer has to draft a reaffirmation agreement (form usually available at the local bankruptcy court website), get it signed and filed.
Can a lawyer garnish your wages after the creditor has written it off as a charge off?
Absolutely, but he must obtain a judgment first.
Can a creditor garnish your state of New Jersey pension?
Yes. You need to see a lawyer to understand your legal options.
Does the collector have to chase down the bankruptcy lawyer or is it the debtor's responsibility to include creditor on bankruptcy?
You MUST provide contact info to anyone perhaps effected by your BK...absolutely
If i didn't list a creditor on your bankruptcy can they still collect there debt?
If it was an unsecured debt, and you did not intend to omit it for some reason that would constitute fraud, it was discharged. If a debt collector is trying to collect it, see a bankruptcy lawyer or a lawyer who handles debt collection defense. You can file for contempt in the bankruptcy court. You may also have rights under state consumer protection laws.
In order to file bankruptcy must you have a bankruptcy attorney?
If you are filing for personal bankruptcy it is not necessary to have a lawyer. If you are filing for business bankruptcy, you must retain a lawyer on your behalf.
What happens if a creditor is disputing a debt to be included in a chapter 13 is filed?
contact them and ask them why...if it's a credit card...or basically anything but student loans they have to accept the terms of the bankruptcy. get in touch with the lawyer who did your filings for your bankruptcy proceedings and they should get it taken care of.
How long does a creditor have to pickup a voluntarily surrendered vehcile through a bankruptcy?
There may be a local court rule on the issue, but there is no statutory limit. Chances are, if the car has not been picked up, the creditor is going to abandon it. Your lawyer should be able to move the creditor along in making a formal written decision to abandon or get the the vehicle.
Can a lawyer provide you with bankruptcy information?
A lawyer is actually one of the best resources for information about bankruptcy. There are even bankruptcy lawyers who specialize in Chapter 7 and Chapter 13 bankruptcy law.
When do you need to search out a bankruptcy lawyer?
While you're filing for bankruptcy you may want a bankruptcy lawyer, because it can be very confusing at times and they will be extremely helpful.
What has the author Vern Countryman written?
Vern Countryman has written: 'The lawyer in modern society' -- subject(s): Attorney and client, Lawyers, Practice of law 'Cases and materials on debtor and creditor' -- subject(s): Bankruptcy, Cases, Debtor and creditor 'Problems of professional responsibility under the Uniform commercial code' -- subject(s): Commercial law, Legal ethics, States 'How to practice under the new bankruptcy code' -- subject(s): Bankruptcy
