Does a CH 7 bankruptcy erase attorney bills outstanding?

Asked over 1 year ago - Long Beach, CA

I lost my job twice in less than a year and am currently unemployed with $40k in unpaid legal bills. Does a CH 7 bankruptcy erase these or do I have to sell my car ( a VW I need to find a job and care for my toddler)?

Attorney answers (5)

  1. Brian Crozier Whitaker

    Contributor Level 17

    12

    Lawyers agree

    Answered . If you owe the attorney that represented you, those fees would most likely be discharged in a Ch7 BK. If you owe the other party's attorney in a non-family law setting, those, too, would most likely be discharged. Whether fees owed to your (ex)spouse's attorney would be discharged depends on the characterization of those fees in the family court order.
    Keep in mind that any otherwise dischargeable fees may be deemed non-dischargeable if the creditor files an Adversary Proceeding and proves that you defrauded them.

  2. Justin Drayton Graham

    Contributor Level 13

    9

    Lawyers agree

    Answered . There are a number of exemptions that allow bankryptcy debtors to keep at least their primary vehicle. You need to speak with an attorney about those exemptions and about whether your attorney bill can be discharged in bankruptcy.

  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . Most kinds of debts can be eliminated in Chapter 7. Attorney fees relating to ex-spouse may be an exception but would depend on the exact terminology used by the court. Otherwise attorney fees can be eliminated. Hope this perspective helps!

  4. Michael Avanesian

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . I agree with Dorothy. Get an experienced bankruptcy attorney to look at your affairs. These things really need to be done right and the last thing you want to do is to file a bankruptcy against an attorney that contain any mistakes.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  5. Curtis Lamar Harrington Jr

    Contributor Level 20

    6

    Lawyers agree

    Answered . "$40k in unpaid legal bills."

    Wow, that's a lot.....
    Any related entities? (might complicate the picture)
    You get exemptions, and there are two sets of these which are largely dictated as to whether you have a house or not.

    Call if you want to explore. If I do someone's bankruptcy, I'm a debt relief agency. I am also curious if you have taxes to discharge.....

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