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??
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
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.
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