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    My attorney demands payment.

    I've been working with a divorce attorney who knew that I was potentially going to file bk.

    Now he is demanding that I give another retainer on the order of several thousands dollars. I've not used my cc since May as I'm trying to put space between me and the last cc usage so that I might file for bk in the fall/winter.

    The attorney pretty much said he'd just drop me and stop representing me. I asked to be put on a payment plan and that I'd even sign a promisary note to continue to pay and not discharge what I am owing. That wasn't good enough. He wants to be paid "yesterday". I can't afford to not finish what's been started as there are court dates coming up.

    I think trying to find a new attorney will hurt my case just as badly as they'll rack up billable time with just catching up and reading the details.

    I know if I pay the attorney, that would definately be a preferential payment as it'll be more than $600.

    Any suggestions? I'm so exasperated with this whole divorce stuff.

    #2
    A preferetial payment is for previous debt. A retainer is for future services. No attorney works before they have secured a retainer, especially in the case of someone who is about to declare bankruptcy. Pay your attorney.

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      #3
      My Sis is going thru the same thing, Twuoo. They filed for Divorce end of January, first of Februrary. No Fault State. They can't reach an agreement.

      Sis has only had the money to pay her Divorce attny the filing fee to get the D ball rolling. Since then, he's basically dropped her.

      And now, the STBX is supposedly filing BK. Which would put the Divorce on the back burner until BK is settled and decided. Sis is broke. Below the Median, and a shoe-in for a Ch 7.

      She's caught in the same cross fire of attnys you are.

      Just wanted you to know there are others amongst us who can sympathize with your situation.

      Hang in there. This too shall pass!!
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

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