Can you put your lawyer on a Chapter 7 filing after they charged an extra money?

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Can you put your lawyer on a Chapter 7 filing after they charged an extra money?

Our chapter 13 was dismissed because I lost my job. We paid into it for 3 months and we were to get our money back minus trustee fees. Now they paid our lawyers $3500 and it says there is another fee for $3400. If it did not go through why should we have to pay them? We already paid them $1500 for the Chapter 13.

Asked on September 13, 2010 under Bankruptcy Law, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A Chapter 7 discharge allows you to discharge personal debts.  There are some debts listed under the rules for filing in Nevada that are exempt from discharge, such as Alimony and Child Support.  Old attorney fees do not seem to be on the list.  However, once you list them as a creditor then they will be notified and their rights will kick in.  Those rights often include the right to challenge the discharge of the debt in the bankruptcy.  Most creditors will sit back and assume that they have to let things go through the course and accept the discharge or payment on the debt, whichever that may be.  But I think that this creditor will probably know what to do and to give you a fight.  Just be prepared. Good luck.


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