If you are considering filing bankruptcy in Washington state, you may be wondering how you are going to come up with the money to pay your bankruptcy lawyer. Clients have often pleaded with me to accept their case and promised to make payments to me in the future through future payments or post dated checks. Unfortunately, bankruptcy lawyers cannot accept post dated checks or post filing payments as it would cause a conflict of interest for the bankruptcy lawyer.
This means that anybody who wants to file bankruptcy, must pay their bankruptcy attorney fees prior to the filing date. So how does a person who wants to file bankruptcy come up with the funding to pay their bankruptcy lawyer when they can’t pay their bills?
The answer may be as simple as stopping payment on any unsecured debts, such as credit cards or medical bills. There is no point in paying unsecured creditors prior to filing chapter 7 bankruptcy, because that debt will most likely be discharged in your bankruptcy. The money saved every month that was used to pay these bills can be used to pay your bankruptcy attorney. Additionally, a person filing bankruptcy may look to friends or family to borrow the funds needed to file bankruptcy. However, borrowing the money will have to be considered a gift as the debt owed to family or friends would be wiped out in the chapter 7 bankruptcy. Finally, if you have been harassed by creditors in such a way that would violate the Fair Debt Collection Practices Act (FDCPA), you may be entitled to damages against the debt collector. These damages could be used to help you pay your bankruptcy attorney. Hiring a bankruptcy law firm is a very good idea if you are considering filing for a bankruptcy case. A debtor should not hire an attorney just based on price, but rather somebody they feel comfortable with and can deliver personal service
If you have additional questions please contact Symmes Law Group at 206-682-7975