Morristown, NJ asked in Bankruptcy for New Jersey

Q: Is there a way to discharge my remaining bankruptcy lawyer fees for a completely negligent lawyer?

My bankruptcy lawyer charged me $2500 for a chapter 7 - I don't have any hidden assets or a complicated case. I find out that my brother-in-law paid less than half. So far, I paid her $2000. I still owe $500 in 3 monthly installmants. I had to chase her for everything, and I mean everything. I was not prepared at all for my hearing despite calling and asking multiple times to go over everything. She showed up 1 hour late to my hearing and I could not get in touch with anyone from the office to figure out where to be or what to do or where the hell my lawyer was (I had to ask someone else's lawyer for advice). She says something about going to the DMV?? When we get up to the judge, he calls her out for never submitting my credit counseling course and then calls her out for never filing my bankruptcy papers. She makes up some excuse to him. And while in the meeting room, she's playing a crossword puzzle app on her iPad. Do I seriously have to give this women any more money??

Related Topics:
3 Lawyer Answers
Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ
  • Licensed in New Jersey

A: While I do not condone not paying counsel, I am curious if you have filed the Petition, how she can be collecting on a pre-petition debt when 11 USC 362 says she/he cant. Even counsel fees can be seen pre-petition debt. I have heard of counsel doing this with a broken out Retainer for specific tasks and not very popular with the Courts if even allowed at all

Karra Kingston
Karra Kingston
Answered
  • Bankruptcy Lawyer
  • Staten Island

A: Hello, I’m not really sure how you can still be paying her after the case has been filed. Most bankruptcy lawyers will not allow payment after. It obviously depends on the retainer but usually you can’t collect after it has been filed. Not sure who your attorney is but you may want to bring up these matters with them.

Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New Jersey

A: To avoid being sued by her, you should switch lawyers and get a deal with her. The problem is a new lawyer will charge you, so the cheapest way out at this point may be with her.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.