I have filed for bankruptcy and I have a court date on October 10 2014 for a garnishment. on my job I went to my lawyer office: today to see if I could get a letter staying I have filed to give the courts on my trail date so garsments can stop she said I would have to pay a rush free of 500 more to have my case rushed but I already paid 1,128 dollars can I go to court my self with the letter from the lawyer and ask the judge to stop my garnishment I have one month to a week to have it done the lawyer had all my paper work and to the class for prefiilng bankruptcy what can do because she want 500 dollars more and said if I give her 500 more my case can be filed by Monday other then that it will take a month or more she is payed in full. help
Hermin’s answer:
You question is somewhat confusing but I will take a stab at it. From what I understand your wages are being garnished and you would like to get that stopped. The bankruptcy attorney you paid is asking for full payments of their fees and the filing fee before filing your case. If that is the issue then the attorney is correct. Once the attorney files your case the garnishment will stop. However if the attorney files your case before all fees are paid they can no longer collect on the balance owing to them.
Hope fully I got your question correct and this answer clears up the issue for you. Good luck.
Post Ch13 Assistance: I received an email from my Ch13 lawyer stating that my lenders lawyer filed a motion to Lift The Stay of Ch 13 and foreclose again as they hadn't received some payments. As I was checking with my bank low and behold my lender found the payments. My lawyer was able to cancel their motion but he is telling me I have to pay their lawyer's fees (Lenders) in the amout of roughly $954 and some change . They are willing to work with me he says ona 9 month repayment plan of $106 per month. Each payment due on the 1st beginning in August. Why do I need to pay this when the payments were found ? Secondly I don't get paid till August the 8th and when I mentioned this to my lawyer he was basically saying I have to deal with it. What can I do not to lose my house over $106 1 week later
Hermin’s answer: To add to Mr. Press' response, in the future pay your mortgage by check. Keep your cancelled checks in a safe place so you have proof of payments. This will avoid your having to question whether you should be paying their attorney fees.
What type of bankruptcy is the best: i have around 100,000 thousand in debt maybe less but its just medical bills and collections what type of bankruptcy is the best
Hermin’s answer: There are lots of information that goes in to making the decision as to what Chapter you will need to file. For example your attorney will need to know your monthly income, family size and assets etc. As have been said by several others here, do your self a favor and schedule an appointment with a bankruptcy attorney.