It is highly advisable that you retain the services of a consumer bankruptcy attorney before you proceed to file your petition with the New York State Bankruptcy Court. But at the same time, you may be hesitant to hire a representative because these legal fees may mean tacking on an additional debt that you cannot afford to pay off. But you must remember that certain debts are eligible for a discharge (i.e., an elimination from your immediate financial responsibility) through your filing. With that being said, follow along to find out whether you can discharge your outstanding legal fees at the close of your bankruptcy case and how a proficient Rockland County bankruptcy attorney at The Law Offices of Allen A. Kolber, Esq., P.C. can help you better understand your debt repayment obligations at this time.
Can I discharge my outstanding legal fees in my bankruptcy case?
You may feel a little bit lighter knowing that your legal fees from your bankruptcy attorney may be eligible for a discharge in your bankruptcy case. Specifically, if you underwent a Chapter 7 bankruptcy, this discharge may take place approximately four months after you initially file your paperwork with the New York State Bankruptcy Court. This means, from this point on, your attorney can no longer go after you and inquire about your paying off these fees. As for a Chapter 13 bankruptcy, you may sooner incorporate these legal fees into your three- to five-year repayment plan. Then, you may experience a partial discharge once this repayment plan concludes.
It is worth mentioning that, for this reason, certain bankruptcy attorneys may require a full or partial payment for their services upfront, before you file your paperwork. We understand that this may be a concern of yours, so we encourage you to ask us about our standard payment procedures at your scheduled, free initial consultation.
What types of legal fees are considered to be nondischargeable debts?
While your legal fees from your bankruptcy case may be dischargeable with bankruptcy, there are fees associated with certain legal case types that may not. Namely, you may be unable to eliminate legal fees related to your former spouse pursuing child support or alimony orders. This is similar to your outstanding child support and alimony payments being ineligible for elimination. This is because these may be considered priority debts, in which your former spouse and children being adequately supported may take precedence over your ability to wipe out your debts and start anew.
It is also worth mentioning that legal fees having to do with a judgment against you for fraud or criminal action are categorized as non-dischargeable debts. At the end of the day, though, there is no need to remain hesitant when you have a talented Rockland County bankruptcy attorney on your side and supporting you. So please inquire with us at The Law Offices of Allen A. Kolber, Esq., P.C. at your earliest possible opportunity.
