Wednesday, September 24, 2008

Bankruptcy - Chapter 13 - Two States Disallow Plans Paying Only Attorney Fees

It is always good to learn something new. The New York Bankruptcy Attorney Blog's Missouri, Following New York, Holds that Chapter 13 Bankruptcy Plans That Pay Legal Fees Only Are Not Allowed taught me something new:

"You are eligible for a Chapter 7 bankruptcy discharge only every eight years. In addition, the U.S. Supreme Court in Lamie v. U.S. held that any Chapter 7 legal fees for pre-bankruptcy services must be collected by the time the bankruptcy is filed. That means if you haven’t paid your Chapter 7 bankruptcy lawyer in full by the time the case is filed, you cannot be forced to do so afterwards."
Although I decided in 2005 to close my consumer bankruptcy practice, I am a little surprised that anyone thought this could fly.