Holt, MI asked in Bankruptcy for Michigan

Q: I have a final pre-trial/settlement conference and motion hearing on 10/11/18. I must be represented by an attorney.

It is a civil suit filed by a creditor. I am in the process of paying an attorney to file Chapter 13 BK but have not completed the total amount the attorney needs in order to file the bankruptcy. I am around $300 short of the $1815 needed according to my contract. The law firm will not serve as my representative in this action as it is not part of the services listed in their contract. My monthly unearned income is RSSB at $1185 month. If I borrowed money from a relative/friend can the law firm file and obtain a bankruptcy case number by Oct 11, 2018? If not, could the Legal Aid Society assist me at my settlement conference? Are there attorneys who would represent me at my hearing if I agreed to pay from my next social security disbursement due approximately 12 days after my hearing date?

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2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Jackson, MI
  • Licensed in Michigan

A: “If I borrowed money from a relative/friend can the law firm file and obtain a bankruptcy case number by Oct 11, 2018?”

***You should ask the bankruptcy firm you’ve hired for your Chapter 13 case whether they can do this for you.

“[C]ould the Legal Aid Society assist me at my settlement conference?”

***It depends on the legal aid society, whether that is a service they provide in your area, and whether they would agree to take your case. Call the Legal Aid organization in your area and find out.

“Are there attorneys who would represent me at my hearing if I agreed to pay from my next social security disbursement due approximately 12 days after my hearing date?”

***Probably, as long as you assure the attorney that you will not file bankruptcy before paying the attorney.

As always, you get what you pay for. Be sure to talk to a qualified attorney about your specific situation, before choosing to rely on any information you get from Internet discussion boards such as this one.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Borrow the money and ask the bankruptcy firm to file at least a skeleton petition to get the stay in place. They have two weeks to supplement the filing with the rest of the petition.

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