Can someone tell me why it is necessary to have the money up front to
pay your attorney for Ch. 7 representation; is it because you would
otherwise have to list your attorney as a creditor? If this is the
case, then why do some lawyers say "payment plans available"; are they
simply giving you a "layaway" plan?

Thanks.

Yes, on all accounts.

I never file a Chapter 7 until I am paid in full. Any attempt to
collect the balance of my fee would otherwise be a violation of
the automatic stay. An attorney who offered his clients a "we'll
file now and you pay later" was fined $40,000 by the Court for
doing this (plus had to refund all of the fees he'd earned).

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"mirella" <mirellac_2000@yahoo.com> wrote in message
news:8ecc28df.0307200840.12acfd66@posting.google.c om... Can someone tell me why it is necessary to have the money up
front to pay your attorney for Ch. 7 representation; is it because you
would otherwise have to list your attorney as a creditor? If this is
the case, then why do some lawyers say "payment plans available";
are they simply giving you a "layaway" plan? Thanks.

If a debtor can't come up with the full amount to pay the lawyer for
the Ch. 7, can a family member help to pay the lawyer's fee? Does the
trustee or court care if the relative is repaid by the debtor or not?

Thanks.

"Brett Weiss" <lawyer@erols.com> wrote in message news:<gfqdnejb-oRiqoaiXTWJjg@comcast.com>... Yes, on all accounts. I never file a Chapter 7 until I am paid in full. Any attempt to collect the balance of my fee would otherwise be a violation of the automatic stay. An attorney who offered his clients a "we'll file now and you pay later" was fined $40,000 by the Court for doing this (plus had to refund all of the fees he'd earned). -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** *************** "mirella" <mirellac_2000@yahoo.com> wrote in message news:8ecc28df.0307200840.12acfd66@posting.google.c om... Can someone tell me why it is necessary to have the money up front to pay your attorney for Ch. 7 representation; is it because you would otherwise have to list your attorney as a creditor? If this is the case, then why do some lawyers say "payment plans available"; are they simply giving you a "layaway" plan? Thanks.

Certainly a family member can pay the fees; that's how I'm paid
in a number of cases. You are always free to repay *any*
creditor; they just can't force you to do so after their debt is
discharged.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"mirella" <mirellac_2000@yahoo.com> wrote in message
news:8ecc28df.0307202117.1458d3f@posting.google.co m... If a debtor can't come up with the full amount to pay the
lawyer for the Ch. 7, can a family member help to pay the lawyer's fee?
Does the trustee or court care if the relative is repaid by the debtor
or not? Thanks. "Brett Weiss" <lawyer@erols.com> wrote in message
news:<gfqdnejb-oRiqoaiXTWJjg@comcast.com>... Yes, on all accounts. I never file a Chapter 7 until I am paid in full. Any attempt
to collect the balance of my fee would otherwise be a violation
of the automatic stay. An attorney who offered his clients a
"we'll file now and you pay later" was fined $40,000 by the Court
for doing this (plus had to refund all of the fees he'd earned). -- Brett
************************************************** *************** * Personal Injury/Malpractice
Bankruptcy * *
* * BRETT WEISS, P.C.
* * Attorneys at Law
* * Maryland, D.C. and Federal Bars
* * lawyer@erols.com
* * http://www.erols.com/lawyer
* *
* * Small Business Estates & Estate
Planning *
************************************************** *************** The Small Print: This response is for discussion purposes
only. It isn't meant to be legal advice and you shouldn't treat it
as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** *************** "mirella" <mirellac_2000@yahoo.com> wrote in message news:8ecc28df.0307200840.12acfd66@posting.google.c om... Can someone tell me why it is necessary to have the money
up front to pay your attorney for Ch. 7 representation; is it because
you would otherwise have to list your attorney as a creditor? If
this is the case, then why do some lawyers say "payment plans
available"; are they simply giving you a "layaway" plan? Thanks.

Thanks, Brett and Buckwheat, for all your help!