Legal Question in Bankruptcy in Illinois
can bankruptcy attorney sue me for non payment to the contract we made before he filed my bankruptcy
Asked on 2/17/11, 11:37 am
1 Answer from Attorneys
Sanford M. Martin
Sanford M. Martin, P.A.
Based on the facts in your question, my general answer is:
Yes, the attorney may sue you for the contractual amount. However, if the attorney was listed in your bankruptcy petition as a creditor and your debts, including the attorney's contract amount, was discharged by the court, then he would not sue you and could not collect. Of course, the agreed fees to be paid to the attorney are disclosed with the Petition on a specific form, and are not usually included in debts to be discharged. So, you likely owe the fees to the attorney and the bankruptcy will not dissolve the obligation.
Answered on 2/18/11, 3:47 pm
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