If I’m currently in a child custody battle and have an attorney representing me, since I also had to file for bankruptcy must I obtain a lift of stay for her to continue?

I had to file for bankruptcy due to long proceedings and child support but now I’m told that my attorney can’t represent me until a lift of stay is granted or my bankruptcy is discharged. Why would I need a lift of stay to be represented by my attorney if I didn’t include her fees in my bankruptcy?

Asked on July 1, 2014 under Bankruptcy Law, Texas


Maury Beaulier / MinnesotaLawyers.com

Answered 6 years ago | Contributor

You must include all debts in the bankruptcy.  You cannot prefer one creditor over another and, atttorneys, like most people, are unlikely to work if their fees are not paid. 

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