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Debt Relief – Insolvency – Bankruptcy Information » Bankruptcy Law » Shouldnt your bankruptcy Attorney tell you if your bankruptcy is Approved before you pay them?

Shouldnt your bankruptcy Attorney tell you if your bankruptcy is Approved before you pay them?

I filed a chapter 7 bankruptcy a few days ago,ok. I have paid my fee’s in full so does that mean im good, im in bankruptcy until I go to court and get discharge, they dont have to approve it do, they and if they do should my attorney have told me if I didnt have enough debt first, and tell them that they wont approve it. I havent extablished any new debt in about a year, and i got to much so fast that it over welmed me, so I couldnt pay any of it. I have been leting it ride until I had the money to pay my attorney in full so i could get a case number, so i should be good right since my attorney took my money


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2 Responses to "Shouldnt your bankruptcy Attorney tell you if your bankruptcy is Approved before you pay them?"

  1. Reena says:
    Your attorney is getting paid to get your case ready. That is the job he does.
    He does not know whether the judge will approve of the bankruptcy case presented to the court.

    That does not mean you don’t have to pay the attorney. Because he did his job and the job was to get the paperwork in order to present the bankruptcy case to the court.

    Your attorney can not (and will not) guarantee that your debt will be discharged in bankruptcy.

    Only the judge decides the outcome….

  2. rpg says:
    Your attorney cannot guarantee any particular outcome of your case.

    However, bankruptcy is a little different from other court cases. If you meet the criteria, you get to file bankruptcy. There is nobody (in a Ch 7) who has to “approve” your filing. You have filed. You don’t get “judged” worthy or unworthy of filing.

    Individual creditors can challenge the discharge of your debt to them, or (if they have evidence that you have committed fraud) can challenge your ability to discharge any debts at all. However this is rare, and if you haven’t committed bankruptcy fraud there is nothing to worry about.

    If individual creditors challenge the discharge of particular debts you may be asked for additional documentation. Your attorney will respond to any challenges that are filed and provide you with the best representation s/he is able to provide, which is what you have paid your attorney to do.

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