0
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!
What else can I help you with?
Is elink financial legitimate?
No they are not. I'm a bankruptcy attorney whose client was scammed an enormous amount of money from them.
If you pay a retainer and the fire your lawyer what amount of refund can you expect to recover?
None. If the client breaks the contract the attorney has no legal obligation to return any of the retainer fee. If the client believes the attorney was not representing their best interest in the case, he or she has the option of filing a malpractice suit and a complaint with the state bar association and the ABA.
What if you file bankuptcy and have a reverse mortgage?
The reverse mortgage is typically unaffected by the bankruptcy as the mortgage is usually left out of the bankruptcy- that is a conversation you need to have with your attorney however. The bankruptcy court may look at the amount of equity you have in your home and determine what type of bankruptcy you qualify for. A reverse mortgage can even be used to pay off a bankruptcy or a mortgage in foreclosure as there are no credit requirements on them. I suggest talking to a bankruptcy attorney for information on what is available to you from the courts side of things.
How do you file a bankruptcy?
You would first want to find an attorney to represent you, then start referring creditors to the attorney. Then file-or if you have a lawyer, he or she will do it-a bankruptcy petition for whichever chapter you have decided on/qualify for. Then you will meet with all of your creditors, your attorney, and possibly a bankruptcy trustee. If you are filing on your own, you will want to do a large amount of research on how to go through this process. The article below goes into more detail on the process.
Where can one hire a chapter 13 bankruptcy attorney?
Attorneys who specialize in bankruptcy cases can take on many forms. Finding an attorney in your local yellow pages and online as well as meeting with them is crucial to starting the process of bankruptcy. You will need to find an attorney with the appropriate amount of experience and you can gauge their experience level in the consultation process.
Can you recover the retainer from a divorce lawyer if you have been representing yourself in court?
If the attorney did not appear at the hearing and thereby caused the client financial loss then the client can sue for damages. In regards to recovering the retainer it would be voluntarily on the attorney's part of whether a full refund or a portion thereof is warranted and would be based on the amount of time that was spent on the case.
Does cashing out my 401k effect my chapter 7 bankruptcy?
Cashing out your 401(k) can impact your Chapter 7 bankruptcy proceedings. While retirement accounts are generally exempt from bankruptcy, cashing them out converts those funds into liquid assets, which could be subject to liquidation to pay creditors. Additionally, the cash withdrawal may increase your income or assets, potentially affecting your eligibility for bankruptcy or the amount you can discharge. It's advisable to consult with a bankruptcy attorney before making any decisions regarding your 401(k).
File a claim in bankruptcy court?
You should always confirm your claim by filing a claim form with the bankruptcy court. It confirms the amount you're owed. If the amount differs from the amount that the company has on file, you may need an attorney at some point, because if the company contests or disagrees with your claim, the company could submit to the court to wipe out the entire amount or partial amount.
Can you close out your 401K before discharge of your chapter 7?
Not a good idea, unless you have a very small amount left in it. The penalty (10%) and income taxes will have to be paid, and if it is a large amount, it will become an asset of the bankruptcy estate and the trustee will take it. It is exempt in the 401(k), but not in your pocket or bank account. You could probably amend your petition documents to exempt the amount if you have exemptions available, but you should discuss it with your attorney or get a bankruptcy attorney in your area to review this.
If you get a small amount of life insurance but need it for funeral expenses will it hurt your chances of discharging a Chapter 7?
Most life insurance benefits are exempt from bankruptcy. Contact the trustee or the attorney who handled the bankruptcy to find out what applies in this situation.
If your vehicle is stolen prior to filing chapter 7 bankruptcy can you still file the remaining loan amount?
Yes... but make sure you get an attorney. It may get complicated.
How to Choose a Bankruptcy Attorney?
If you’ve made the decision to file bankruptcy, you will likely need the assistance of a bankruptcy attorney. With attorneys being plentiful, choosing one may seem overwhelming. Here are things to keep in mind when deciding which bankruptcy attorney is best for you.Choose a Bankruptcy Attorney that Explains the ProcessThis is probably one of the most important aspects of choosing a bankruptcy attorney. You want a lawyer that will explain things to you and that will listen and pay attention to your particular situation. The attorney should not only be able to explain the bankruptcy process but also let you know based on your personal circumstances, if you have any other options. You will want to find out if bankruptcy is really the direction you need to be going and an attorney will be able to tell you what will happen and what won’t happen if you file bankruptcy. Additionally, they should be able to tell you the pros and cons of filing bankruptcy.Consider the FeesThe amount of money that is paid for a service does not necessarily indicate quality of work. This means that you should weigh the costs of the bankruptcy attorney. Some will be significantly less than others, and in a situation where your finances may already be in trouble, you do not want to end up paying more than you have to. Consider the attorney’s fees alongside how much work is predicted to be involved in your bankruptcy.How Familiar is the Attorney With Bankruptcies?It usually won’t matter if you have a fairly standard bankruptcy that includes debt such as credit card and medical bills. It is important to be aware of whether this is the first bankruptcy that the attorney has ever worked on, or if it is the hundredth. If anything, it may help with the decision in choosing the attorney you end up working with.Are You Comfortable With the Attorney?You will need to feel as though the attorney knows what he or she is doing but also that they are paying attention to you and have your best interests in mind. Whether you are able to contact and discuss your case with them comfortably is an important factor in choosing a bankruptcy or any type of lawyer. If you are uncomfortable at all, you may want to consider that there may be a different attorney for your situation.
