Legal Question in Bankruptcy in Alabama

dismissed case

several years ago i filed ch. 13, due to short-term dis. insurance refusing to pay out. i was a single mother and had to put the needs of my child first. after paying for over a yr. i became unemployed. i notified the law office of the situation and they sent papers to fill out(said they could refile so i would not have to finish paying). i did so and sent them back. a while later i got a letter from the trustee stating that my case had been dismissed. i also got a payout form and no money went to any creditors, it all went to the lawyer, more than 1200.00. his fee was not that much. can anything be done about this or can/do i just wait this out. is there a time limit on the ability to collect on a debt? thank you in advance.


Asked on 1/04/06, 1:01 am

1 Answer from Attorneys
Randal Ford Ford Firm

Re: dismissed case

If you were in a Chapter 13, a $1200.00 fee is not unusual, in fact it is less than the $1300.00 charged by most attorneys. It appears that your monthly payments to the bankruptcy trustee were low. Therefore the first payments went to pay Court Costs, then your attorney gets paid, then your secured creditors and then unsecured creditors.

The "time period" or statute of limitations regarding any specific debt depends on the law governing that "claim" and the facts and circumstances surrounding the debt (specifically, if you made any payments on that debt).

You need to contact an attorney for answers for YOUR specific problems. There is no "one answer fits all".

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Answered on 1/04/06, 5:22 pm


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