Payment to lawyer/court?

[momof3b1g]

Our lawyer said they need 1/2 before they are considered our lawyer and represent us. We are gathering all the paperwork we need and hope to go in Monday for the prefiling meeting. They said we could pay the half when we bring in the paperwork. But when are they going to want the other half?
Now the $299 court fees is included i believe do i pay the lawyer or when is that paid? I'm guessing its in the first half? How does this all work or do they want payment infull before filing?

Also our papers talk about wages earned but not received are considered a possession. How afr back do they consider and what do they do with this amount? Am I going to need dates/info of /when/how our paychecks were spent?

[Tbornetun]

Most likely the attorney will want ALL of the retainer and filing fee prior to filing the petition with the court.

The earned unpaid wages are any wages that you have already worked the hours for on the date of filing but won't receive a paycheck for until after the date of filing.

For instance, you file this Friday but you won't be paid for this work week until next week sometime. This is the dollar amount they are looking for.

[momof3b1g]

How long before the actually file? I'm thinking I need to have the whole amount at our next appointment. Once they have our paperwork then can file? What do they use the amount of income for? I'm assuming they figure the bills that we still have to pay.

[Tbornetun]

They will file when they have received all of your retainer and filing fee AND they have had a chance to create your petition and schedules.
The unpaid income is considered an asset. They need to know this amount so they can attempt to exempt it, it has nothing to do with bills that are coming due..
The unpaid earned income is something the trustees in our area go after regularly if we are unable to exempt it.

[momof3b1g]

The unpaid income is considered an asset. They need to know this amount so they can attempt to exempt it, it has nothing to do with bills that are coming due..
The unpaid earned income is something the trustees in our area go after regularly if we are unable to exempt it.

So what happens if they take the money? I can't pay my bills? Can they take all of it? That seems crazy.

[Tbornetun]

I am sure that your attorney will try to exempt it. It is not as if you have to fork over the check the day it is paid either, sometimes you can even work out payments with the trustee. Usually if you don't have any other assets they want to take, the trustee won't waste their time going after this money.