Mar 04, 2015 · March 4, 2015. Bankruptcy. The biggest bankruptcy attorney in Pennsylvania is now under accusations of overcharging hundreds of his clients. And, misspending thousands of dollars. One victim, Sharon Kaluzny, had to file a Chapter 13 bankruptcy after a tough divorce. Moreover, caring for sick parents forced her to close down her hair salon in 2006.
Here's what you should know: The discharge order erases your debt; the final decree closes your case. After receiving your discharge, your case might stay open for a long time. You must work with the bankruptcy trustee overseeing your matter until the case closes. The court can reopen a closed case to address problems or mistakes.
Dec 13, 2010 · In many jurisdictions there is a method in place to “tax” a lawyer’s bill. The client submits to a taxation officer who then reviews the lawyer’s bill. It is a common occurrence that the bill is then reduced. That is the best method to proceed but you will likely not get that lawyer to do any work for you in the future.
Jan 12, 2019 · How long it shows up depends on which type of bankruptcy you file. Chapter 7 bankruptcy stays on your credit report for 10 years after the filing date. A completed Chapter 13 bankruptcy stays on your credit report for 7 years after the filing date, or 10 years if the case was not completed to discharge.
When the court enters a discharge in your bankruptcy, it wipes out your personal liability for all debts that were included in the discharge. In Ch...
Just because you received a discharge doesn’t mean that you have no more responsibilities in your bankruptcy. If you have a complex bankruptcy with...
If you have a simple no-asset Chapter 7 bankruptcy, the trustee will file a report of no distribution (also called a no asset report) with the cour...
Even after your case is closed, the trustee, your creditors, or you can request that the court reopen your case. If the trustee or your creditors d...
Furthermore, getting a lawyer to work on contingency is about as close to getting someone to work for free as you can get because the lawyer is carrying the risk that he/she might not get anything if there is no victory. If you don’t like that arrangement then don’t go on contingency pay the hourly rate.
Lawyers exist for 1 reason, to profit from STUPIDITY. Think of every dollar that you spent for legal representation and the stupid factor involved. In this capitalist society, there is always someone to gain from ones unfortunate cirmcumstances no matter how tainted with stupidity they may be.
Contingency fee arrangements usually are 30% to 40% and they often increase the longer the matter goes on. For example, if the matter settles prior to questioning or deposition the lawyer may take 25% and this will go up to 35% the second questioning is completed.
After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt. Wage garnishments must also stop immediately after filing for personal bankruptcy.
After the court grants a discharge, most unsecured debts are erased. Credit scores improve because there are no more missed payments and discharged accounts show a zero balance. After Chapter 7 and Chapter 13 bankruptcy is filed, you will get credit card offers in the mail.
The bankruptcy trustee will oversee your bankruptcy filing, will review your bankruptcy forms, and may ask for additional documents to verify your information. The trustee will also conduct the meeting of creditors . Protection from your creditors begins immediately after filing for Chapter 7 or Chapter 13 bankruptcy.
A completed Chapter 13 bankruptcy stays on your credit report for 7 years after the filing date, or 10 years if the case was not completed to discharge . As a result, filing bankruptcy will initially lower your credit score. How much your credit score will drop depends on how high or low it was before bankruptcy.
The good news is that you can begin rebuilding your credit as soon as your bankruptcy discharge is entered. It's possible to have a better score within 1–2 years of filing. The credit scores of most bankruptcy filers are already lower because of missed payments.
One of the forms you will file with the bankruptcy court is called the Statement of Intention. In this form, you tell the court what you plan to do with property that is securing a debt you owe, like real estate or a vehicle.
If you accidently leave something out or make a mistake, you'll need to make changes to your forms.
Almost all bankruptcy attorneys have specialized software that prepares and files your required bankruptcy paperwork with the court. You'll provide your attorney with all of your financial information, such as income, expense, asset, and debt information.
Expect Competence From Your Bankruptcy Lawyer. Not all bankruptcy cases are complicated, but they aren't all easy, either. Either way, your bankruptcy lawyer should have the skill level necessary to handle your case. In general, the difficulty of your bankruptcy will depend on: the involvement of bankruptcy litigation.
You might have to provide additional forms or documents with the court or the trustee, too. Your attorney will make sure to do so promptly because missing a bankruptcy deadline can cause: 1 delays in the process 2 dismissal of your case, or 3 other adverse consequences.
First, you can expect your attorney to tell you whether filing for bankruptcy would be in your best interest. If it is, you should also learn: 1 whether Chapter 7, Chapter 13, or another type will help you achieve your financial goals 2 what you can expect during the bankruptcy process, and 3 whether your case involves any particular difficulties or risks.
Most importantly, if you have any questions, you can expect your attorney to respond to your calls or emails promptly.
Filing for bankruptcy is a great way to get out from under burdensome debt, and most people feel a tremendous sense of relief when their bankruptcy case is over. But understanding the process and filling out the bankruptcy forms can be daunting. That's where a bankruptcy lawyer comes in. Not only will you receive legal advice, ...
After filing for bankruptcy, all debtors must attend a mandatory hearing called the 341 meeting of creditors. But, depending on your case, you (or your attorney) might need to go to additional hearings. Some common types of hearings you can expect your attorney to represent you at: Chapter 13 confirmation hearings.
An automatic stay specifically states that creditors cannot contact you to collect debts after you’ve filed for bankruptcy. It protects you from harassing phone calls, emails, and letters. Unless a creditor receives approval from the court to do so, continuing with collection activity after you filed bankruptcy is illegal.
If you continue to receive calls from creditors after you’ve officially filed bankruptcy, it’s time to act. You can’t assume these creditors will stop. They may not be aware or care that you are undergoing bankruptcy.
To stop collection calls, ask for the debt collector’s mailing address and tell them – in writing – to stop contacting you. Make sure to keep a copy for your records. Send your letter by certified mail, and pay for a “return receipt” to document when the collector received it. Once they get your request, they are not allowed to contact you again. However, there are two exceptions: 1 A collector can contact you to tell you there will be no further contact, and 2 They can contact you to notify you that they are taking a specific action, like filing a lawsuit.
In addition to discharging and reorganizing your various debts, bankruptcy has the benefit of stopping collection activity with a court order, called an automatic stay.
When you file for bankruptcy, you should notice an immediate decrease in collection efforts. But since some creditors have a hard time integrating bankruptcy notices, they may continue to call while their system catches up. If you receive a call shortly after filing, tell the caller that you filed bankruptcy and that an automatic stay is in effect.
Your formal request is just to stop the collection calls. If a resolution isn’t worked out, the debt collector can usually still sue you to recover the debt.
Tips to End Collection Calls 1 Explain that you’ve filed for bankruptcy: Notify any creditor that calls that you filed for bankruptcy. Although most creditors will stop contacting you once they discover you filed, a few may persist. 2 Takes notes during every harassing call: Keep a record of all of the creditors who continue to contact you. Write down the times they call as well as what they say. This is evidence for your lawyer to use in court if necessary. 3 Contact a bankruptcy lawyer: Notify them that creditors continue to call you and share your evidence. They will inform the bankruptcy courts and begin necessary legal proceedings. 4 Take creditors to court: If the harassment does not end, you may need to fight against your creditors in court. Here, you may be able to sue them for the harassment and emotional suffering they’ve caused.
A Chapter 13 bankruptcy allows you to retain your assets in exchange for a promise to repay a portion of your debts. Creditors look at a Chapter 13 bankruptcy more favorably than bankruptcy under Chapter 7 because you have made an effort ...
The bankruptcy will be on your credit report for seven to 10 years.
These documents should arrive within two to three weeks after your hearing. Keep this paperwork in your files as you may have to send a copy to any creditors still attempting to collect on the forgiven debts.
Depending on the kind of case you’re involved in, you may have pre-paid your attorney in the form of a retainer or other up-front fees at the outset of your case. If so, you may have some money coming your way.
At the conclusion of your relationship with a lawyer, you should expect to receive a final accounting of all legal fees and expenses incurred on your behalf. If you have pre-paid or overpaid your attorney, then that accounting should include a refund.
If you disagree with the final accounting, and especially if you think you’re owed a refund, you should first contact the attorney, explain why you think you were overcharged, and attempt to amicably resolve the dispute.
In most cases, clients have the ability to fire their attorneys at will. But you should not fire your attorney before giving careful thought to the timing and your reasons for doing so. Consider other possible solutions and the possible ramifications. Before taking any action, ask yourself these questions:
Once you've definitely decided to change attorneys, there are still a few things you should do before notifying him or her of the change.