credit card send letter to lawyer I really need some advice.

[svvo4123]

there are 2 credit card company send letter to my lawyer ask for reaffirm on my ballance because they think my abused on cash advance. I pay my divorce lawyer 3000 on may 15 file on sep28. and other credit was cash advance and spending the last day charging was jully5 filing on sep28.

my lawyer ask me to pay her 200/hr she will call these creditor to negotiate
otherwise they may object to my bankruptcy.

my question are :
what should I do when these creditor are in demand.

what happen to my lawyer fee when I Paid her all at once when first file.$1000. is this fee suppose to cover my lawyer fee throughtout my bankruptcy? why is she demand more when things that happen. >
what I should do? thank you

[FoolAndHisMoney]

there are 2 credit card company send letter to my lawyer ask for reaffirm on my ballance because they think my abused on cash advance. I pay my divorce lawyer 3000 on may 15 file on sep28. and other credit was cash advance and spending the last day charging was jully5 filing on sep28.

my lawyer ask me to pay her 200/hr she will call these creditor to negotiate
otherwise they may object to my bankruptcy.

my question are :
what should I do when these creditor are in demand.

what happen to my lawyer fee when I Paid her all at once when first file.$1000. is this fee suppose to cover my lawyer fee throughtout my bankruptcy? why is she demand more when things that happen. >
what I should do? thank you

No the $1000 is just to assist you in filing. Most lawyers tell you that the price is based on that and if any trouble arises it will be more. I saw the 3000 on May 15th, but what was the total cash advance amount. At least you are outside the presumption period, so you shouldn't have to pay back the whole amount.

You have 2 options: Have your lawyer negotiate with them for you to reaffirm 50% of what they want back, no interest or if you can come up with the money have your lawyer fight it. For a few thousand they may not want to go before a judge. It wasn't like you used the money for luxery items so they may have a hard time proving to the judge that you tried to defraud them. If they lose they will pay your legal fees. If they win they will get the whole amount including interest.

Good luck!

[Pinktiger]

Talk to your lawyer. However, if you can show how you used the amount and legal fees are allowed, you might be able to get all of it included in bankruptcy. Your lawyer will know.
it could be that the amount you charged as a cash advance to pay legal bills will have to be reaffirmed.

[StaciMM]

Even though the dates are not within the presumptive period, if the creditor can prove fraud then they have a case. (Large amounts within the presumptive period, proof isn't so important.) All they have to do is subpoena your attorney's records to show when you first consulted and/or paid him a retainer.

So, a few thoughts... When did you first consult a BK attorney and when did you pay for the BK services? If it was in the May-July time frame, you have real problems. (If you were seeing a BK attorney at the time you were doing the advances, you clearly did not intend to repay.) On the other hand, if you woke up one morning in September and realized there was no way you could handle your debts, consulted an attorney, and then filed-that is better. As someone else pointed out, showing how you used the money will help.

The basic fee to your BK attorney does not generally include any extra services. Just filing the petition, attending the 341. If these charges that the creditors are disputing are questionable, then you may be able to work out a negotiation where you repay only part of it.