after 1.5 years, lawyer coming back for $$

[KirstenCast]

I have a discharged chapter 7 as of 5/25/04. I paid my lawyer $600 upfront and was to pay $600 in payments. I paid one payment (of which they have no record) and then stopped paying. They've been sending statements for the last year and a half, but no demand notices or anything.

Now the lawyer is calling demanding his $600 within 15 days or he says he'll undo the whole bankruptcy. Can he really do this???

[iggie97]

I have a discharged chapter 7 as of 5/25/04. I paid my lawyer $600 upfront and was to pay $600 in payments. I paid one payment (of which they have no record) and then stopped paying. They've been sending statements for the last year and a half, but no demand notices or anything.

Now the lawyer is calling demanding his $600 within 15 days or he says he'll undo the whole bankruptcy. Can he really do this???

No.....all he can do is sue you for the remaining balance.....I would report him to the Disciplinary Counsel in your state for that threat.

[Lightning]

Why don't you just pay him what you owe? Didn't he help you?

[sunshine08]

I don't think he can "undo" anything. I would suggest showing proof of the payments that you made and make arrangements to pay off the remainder. He did you you a valuable service and saved you a great deal of money.

[iggie97]

he can't undo anything.....but, was this fee agreement in writing??

Also, why did you stop paying?? any particular occurence?

Remember, you just went through bankruptcy.....i wouldn't want a fresh lawsuit on after i went through bankruptcy

[robivi3]

Pay the man what you owe. He has been generous. You don't bounce checks to Publix, FPL or Ma Bell. You don't welch on the Roach Coach that brings your daily food. You darn sure don't welch on your Attorney. it is beneficial to remain in good standing. At the time I had to make payments for the extra items that came up in my BK, but I paid it all. There are a long list of folks with whom it is best to maintain a good relationship, your Attorney is one of them. My lawyer lives in Davie, he gets gas for his F350 (with horse trailer) at the same station on Griffin Road that I stop at daily (I need a diet Coke daily, it's my one ritual in life) on my way home. I can say hello to him without shame.

I never shafted anyone local except one small leasing Company in the BK. To face that man and return his equipment realizing that this was a small company was humiliating. Always try to be on good terms with those who are local, pay the man, maybe not all at once, but start paying him weekly.

Don't take his threat lightly, he is the Attorney, not us. Honestly, who knows what loopholes and avenues may be open to him if he is "feeling" shafted.

[hhou812hh]

Why won't you pay him? His fee seems pretty reasonable and you did get your discharge. I'm surprised he even let you pay it out.

[theurge]

Just pay him, its the right thing to do. Besides this is not the best way to start out things right after bk...

[ducksinarow]

Ditto what others have said. Pay him!! You are the reason most lawyers won't do payment plans.

[ducksinarow]

Another thing is you don't want to mess with a lawyer. Looks like he is being nice so far, I bet if you get on his really bad side he knows more about the law and how to use it to benefit himself than you do.

[FloridaGirl]

I'm definitely in agreement with the others. It almost sounds like you are angry at him for coming after you a year later. You are lucky, if you ask me. He could have taken you to court long ago. Just pay him and be done with it.

[Minnymouth]

Since most attorneys do not file your petition until they are paid in full - consider yourself LUCKY.............
NOW DO THE RIGHT THING - PAY THE MAN!!!!!
SHAME ON YOU - he gave you the benefit of getting discharged at his expense.........
People who don't pay their lawyers are the very reason that lawyers WILL NOT ACCEPT PAYMENT PLANS............... and some people cannot claim BK because they can't pay in installments.

Don't mess with your lawyer, pay him.......believe me he knows the law better then you, and it will cost you a bundle.........

Just my thoughts,
Minny

[BassBoy]

Pay the man!

You've heard it enough now. Pay him!

You were given some forgiveness and you shouldn't take advantage of that.

[edwards2]

I guess I wondering like everyone else why you stopped paying him? He did perform a service and deserves to be paid. I too cannot believe he allowed you to pay him in installments. We considered ourselves fortunate when our lawyer allowed us to pay his retainer and the filing fee upfront and the balance at discharge. Why would you try and shaft someone who both earned the money and saved you heaven knows how much. No offense but it would serve you right if he was able to undo your BK. If you were having problems of some kind over a year and a half for heavens sake why didnt you call him? One of the things we all tried to learn from our BKs is NOT to do this sort of thing and yet here you are.

[HHM]

I agree pay him/her.

But before everyone jumps the gun about assuming the attorney could not undue the bankruptcy, depending on how this fee agreement was referenced in the bankruptcy, there is a way for this attorney to go back in and reopen the bankruptcy case and get it dismissed. However, given that it was discharged over a year ago, too much time may have gone by.

However, I don't want to get into how it would be done here, as it would take too long to explain and the explaination would raise too many questions...