Legal Question in Credit and Debt Law in California
Once more and that's it on this subject.
Does a Bankruptcy Attorney have an obligation or responsibility after the case is closed and everything was discharged to help the person if collectors are looking for him?
In other words; does the attorney have to help get them off of his back?
The person who went bankrupt thinks his attorney no longer has anything to do with it and It has been 4 or 5 years at least. I think otherwise, the attorney should help out.
Who's right?
4 Answers from Attorneys
It would depend on the terms of the attorney's retainer agreement, but I would bet it provides that the engagement ends with the discharge and new arrangements are required for any subsequent work.
Technically not, particularly after such a long time but as a courtesy to my clients I do help the clients inform the creditors that they are prohibited from collecting and threaten them with a motion for sanctions. Many attorneys also do the same because clients refer friends and family. If a motion is necessary the attorney can be paid the fees awarded by the court for the violation of the discharge injunction. This is why it is important to select the right attorney and not focus only on the fee charged for doing the case initially. Selecting the cheapest lawyer to file your case may mean you get cheap representation, which may not be good enough for your case, and you are on your own if any problems arise after the discharge. Some of those attorneys may not even be around when you have problems related to the case.
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