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Can You Discharge Legal Fees in Bankruptcy

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  • 12-18-2015, 06:54 AM
    BeatenBadly
    Can You Discharge Legal Fees in Bankruptcy
    So, as I was informed in this thread, if I were to file bankruptcy, my lawyer cant come after me for owed finances? Trust me, its not what I want to do. I wanted to pay him, but, he wants unacceptable terms after he violated my rights (as far as I am concerned) and I refuse to proceed with the case, so, he left me no options.

    On a personal injury contingency case, if bankruptcy is filed on my end, how many avenues does my lawyer have to sue me after? I know he can not sue for his billings, but, can he sue for punitive damages, mental physical (I am stretching here) damages, and, or, anything else?

    P.S. Admins, I was not sure if this was to go into Civil and or Bankruptcy forums as I did not know who would have the most understanding of such case and picked one. I apologize if it is in the wrong forum.
  • 12-18-2015, 07:17 AM
    Mr. Knowitall
    Re: Can You Discharge Legal Fees in Bankruptcy
    From what you have told us in your other threads, you're not even close to being bankrupt. Your lawyer will deduct his fees and certain costs from a substantial settlement, pursuant to the terms of the retainer agreement you signed, and you will receive the balance with which you can pay off any remaining debt. Your lawyer doesn't need to sue you, because his fees will be deducted before he releases the balance to you.

    If you want to keep chasing your tail on this issue, go hire a bankruptcy lawyer.
  • 12-18-2015, 08:00 AM
    adjusterjack
    Re: Can You Discharge Legal Fees in Bankruptcy
    Quote:

    Quoting BeatenBadly
    View Post
    On a personal injury contingency case, if bankruptcy is filed on my end, how many avenues does my lawyer have to sue me after? I know he can not sue for his billings, but, can he sue for punitive damages, mental physical (I am stretching here) damages, and, or, anything else?

    And don't think you can do an end run around the attorney by dealing direct with the insurance company. That won't happen because the insurance company won't deal with you as long as you are represented by an attorney and you'll be represented by that attorney as long as that attorney says you are. In other words, you can fire the attorney but, as far as the insurance company is concerned, he's still your attorney until he agrees that he isn't.
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