If you can't pay your monthly Chapter 13 payment and the court dismisses your case, the lawyer won't receive full payment. You can learn about calculating a Chapter 13 plan payment here . Because of the risk involved, many lawyers will want the same amount they would receive for a Chapter 7 case before filing and will let you pay the remaining amount—probably another …
After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.
Jan 18, 2017 · In the event that an attorney took no action on a case, it is fair to assume you should be able to rightfully request a refund of money paid for their services. If the attorney was paid and no paperwork was completed or prepared for the bankruptcy case, the petitioner (who never actually became a petitioner) is entitled to a refund.
Aug 05, 2013 · 4 attorney answers. Read your retainer agreement. Most bankruptcy retainers will be on a "flat fee," meaning that you are not paying the attorney's hourly rate, but a pre-agreed upon fee for all of the services in the retainer agreement. Some attorney's will put a "no refund" provision in the agreement.
The bankruptcy is reported in the public records section of your credit report. Both the bankruptcy and the accounts included in the bankruptcy should indicate they are discharged once the bankruptcy has been completed. To verify this, the first step is to get a copy of your personal credit report.Aug 6, 2018
If the trustee finds hidden assets, the trustee can ask the court to revoke or take back your discharge. The trustee can do this at any time before the case closes or, even after, up to one year after the discharge date.
about four to six monthsFor most filers, a Chapter 7 case will end when you receive your discharge—the order that forgives qualified debt—about four to six months after filing the bankruptcy paperwork. Although most cases close after that, your case might remain open longer if you have property that you can't protect (nonexempt assets).
Hiding assets is considered perjury. When filing bankruptcy every debtor must swear the information provided is true and accurate. Penalties for concealing property is five years in prison, a $500,000 fine, or both.Jun 19, 2018
Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary.
Following a bankruptcy discharge, debt collectors and lenders can no longer attempt to collect the discharged debts. That means no more calls from collectors and no more letters in the mail, as you are no longer personally liable for the debt. A bankruptcy discharge doesn't necessarily apply to all of the debt you owe.Oct 24, 2021
A bankruptcy discharge releases the debtor from personal liability for certain specified types of debts. In other words, the debtor is no longer legally required to pay any debts that are discharged.
Here are some of the ways to do that.Save all paperwork from your bankruptcy case. ... Start saving money and build a budget. ... Reestablish good credit. ... Regularly monitor your credit reports. ... Maintain your job and home. ... Make an emergency fund. ... Think of your financial future.Sep 22, 2021
Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.
First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.
Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.
After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.
In general, your retainer agreement (the contract you and your attorney sign) will outline the services your bankruptcy attorney will provide . Your attorney's job is also to provide you with competent advice throughout the bankruptcy process.
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Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...
Attorneys are hired to perform a service. They charge a specified fee for their services. Providing the services takes time. If the attorney you hired took time to work on your bankruptcy case, something was done. Services were provided.
Justin has a singular goal: to get people out of financial distress and move them to financial stability and prosperity. He does this by combining 15 years of in-depth experience in bankruptcy, credit management, debt negotiation and student loan modifications, and he does it with both English and Spanish-speaking clients.
Read your retainer agreement. Most bankruptcy retainers will be on a "flat fee," meaning that you are not paying the attorney's hourly rate, but a pre-agreed upon fee for all of the services in the retainer agreement. Some attorney's will put a "no refund" provision in the agreement.
I do not normally answer questions concerning the conduct of fellow attorneys or "fee disputes". If you are dissatisfied with the actions of your attorney you are certainly free to contact the Pennsylvania Disciplinary Conduct Board at www.padboard.org to raise the issues in your question...
Remember, you hired this attorney to represent you. If he is not representing you properly, you are entitled to a refund. First, I would put my disappointment in writing and formally ask for a refund. If you do not receive a prompt answer, contact the attorney disciplinary board in your state.
What does your retainer agreement provide? You should ask for an accounting of your retainer (in writing) and if you don't receive an accounting, contact the organization that represents attorneys in your state as well as the office of the US Trustee, which regulates the conduct of bankruptcy attorneys.
You should look at your fee agreement. What does it say if you do not cooperate? I doubt it says that that means that the attorney works for free and gives you all of your money back. Take a close look at it and go from there.
You paid the attorney a one-time, up front, flat fee to file your bankruptcy case. Nothing in your question indicates he or she was, or is, unwilling to perform those services; just the opposite, you failed to fulfill your responsibilities of taking the course and filling out the necessary paperwork.
Bankruptcy's another animal entirely.#N#You took up a lawyer's time and asked questions and agreed to pay the lawyer to do a flat-fee bankruptcy...
You can begin by asking for an accounting of how you fee was earned by the attorney and ask for a refund, preferably in writing.
Chapter 52 in The Placement Strategy Handbook is entitled “How to Select an Attorney.” Still, we receive many calls from placers ranging from inquiries to insurrection about the way an attorney is handling a case. This doesn’t mean the clients are right. But it does mean the attorney-client relationship has been damaged.
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So even though it’s a killer, it’s a sure-fire attention-getter. In fact, it’s so reliable that if the attorney doesn’t respond, you’re probably better off with another.
Litigation is a slow, complicated, unpredictable, expensive process. To the extent your lawyer can expedite, simplify, win, and reduce the fees, he’s the one for you . I hope you don’ t need to get the attention of your attorney. But if you do, this should help. Good luck!
You don’t have to write the Gettysburg Address. Just confirm the status of the case, fee or whatever else was discussed. State the next step that must be done, who is going to do it, and when it will be completed.