Legal Question in Bankruptcy in Michigan

I had an open case for a Chapter 13 that closed in December 2008. At that time my attorney was to file the final paper swith the court to have the case discharged. That was not done. He is now charging me additional funds to have my case reopened then discharged, something that was already paid for and covered under my initial fees. What are my options in this case to have my case discharged properly?


Asked on 9/10/09, 9:09 am

1 Answer from Attorneys
Jesse Sweeney Sweeney Law Offices

It depends - was it your fault that you did not complete the credit counseling? Did you provide that notice to your counsel? Did he provide a document to you that you failed to sign and return? I provide a notice to my clients at the onset of the case to get it done AND make sure that they get it to me immediately. Some of them forget or just don't take the time to do it, closing the case without a discharge. Check your letters - if you were notified, you should pay the attorney. If you completed it prior to discharge (the 2nd part of your credit counseling) and provided it to your attorney, it's the attorney's fault and they should pay.

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Answered on 9/16/09, 11:32 pm


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