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    Is my attorney lying?

    I have a feeling my lawyer is lying to me (typical lawyer). I forgot to add a creditor during filing for my non-asset Chapter 7. I read all over that it is $27 to amend. He told me on the phone it would be $60 to do that. I live in Wisconsin. Does that charge seem correct? Half the people seem to say that I don't need to amend it because it will get erased since i'm non-asset but then the other half says I need to amend it.

    #2
    The $27 is the charge from the court to file the amendment. I assume the atty may charge some labor to do the filing for you, which is what the $33 above and beyond the $27 would be.

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      #3
      Originally posted by BKdinOhio View Post
      The $27 is the charge from the court to file the amendment. I assume the atty may charge some labor to do the filing for you, which is what the $33 above and beyond the $27 would be.
      That added fee should not happen. Check your contract that you have with this attorney, but as I understand it, your attorney fees should carry through from filing, all the way to discharge. If something unforseen arises, such as an Adversary Proceeding, that will be extra.

      Good luck.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        It is typical for attorneys to charge more than the 27 dollars the court charges.

        If I'm not mistaken there is a precedent under the 2005 BK laws that if you are a Chapter 7 No Asset that even if a debt is not listed it is discharged, but only if you are no asset.
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

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          #5
          Many attorney's will charge a fee to add creditors after the fact. It depends on what the attorney agreed to do for you, but unfortunately, if you go to a cheap lawyer, there is an ala carte menu of items that are extra, and adding a creditor after a case is filed is one of them. But it is true, the court charges $26-$27 to amend the schedule of creditors and creditor matrix.

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            #6
            Yet another agreement post. If we forgot to add a creditor, we had to pay a little more per creditor added plus the amendment fee. His thing was "if you screw something up, it's yours to pay off".

            We actually have a cool lawyer, we might have to fight the trustee in court and he'll do it for free cause it wasn't us, it's cause she's a dipshit.
            Pre-Filing Credit Scores:
            Mine - 705 DW - 715
            Filed 08/09/2008
            341 09/25/2008

            Comment


              #7
              Originally posted by biggomez777 View Post
              Yet another agreement post. If we forgot to add a creditor, we had to pay a little more per creditor added plus the amendment fee. His thing was "if you screw something up, it's yours to pay off".

              We actually have a cool lawyer, we might have to fight the trustee in court and he'll do it for free cause it wasn't us, it's cause she's a dipshit.
              You are a man of truths, and do not hide your feelings. I like that. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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