Legal Question in Bankruptcy in Indiana

Need help

I am filing chapter 7 and the lawyer I have told me that when I go to court that the attoney taking care of it is intiled to 3/4 of my tax check. I have never heard of that being done or have several people I know that have been though it. Are they allowed to take my tax check even if I have paid my full amount to file. Why are they taking my hard working money?


Asked on 9/24/05, 6:38 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Need help

If you have paid your fees before filing -- as is customary -- then you don't owe anything more. Attorney fee agreements should be in writing. If you didn't agree to the fee, you do not owe it. Report the attorney to the state disciplinary commission. http://www.in.gov/judiciary/agencies/dis.html.

The bankruptcy attorney fees should also be disclosed in your bankruptcy papers, in the Statement of Financial Affairs, and if the fee your attorney wants to collect from you is different than the one disclosed, you can also enlist the help of the bankruptcy trustee. His name and number are on Notice of Meeting of Creditors (341) and other papers issued from the clerk.

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Answered on 9/24/05, 11:23 pm


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