Paying Your Bankruptcy Attorney In A Chapter 7 Case

An experienced and knowledgeable bankruptcy attorney such as Alberto Montefalcon may assist anyone whose financial situation necessitates the filing of a bankruptcy case. Prospective bankruptcy debtors need someone to provide them with information about their rights, including whether to file a bankruptcy case.

Many prospective bankruptcy debtors want to know how an attorney is paid in a bankruptcy case. After all, individuals filing bankruptcy typically have limited financial resources available to pay competent legal counsel. Alberto Montefalcon may help any bankruptcy debtor plan ahead for the filing of a bankruptcy case to minimize the financial strain or “paying” for a bankruptcy.

A bankruptcy attorney’s fees for the representation of a debtor are typically a flat fee in Chapter 7 or Chapter 13 bankruptcies. These fees are not set by the court but may require court-approval in certain situations. Thus, freedom of contract applies and debtors and attorneys are free to negotiate a fee for representation in a bankruptcy case.

When the payment of attorneys’ fees is due largely depends on whether a debtor files a Chapter 7 or Chapter 13 case. Prospective filers of bankruptcy cases ask if it is possible to file a bankruptcy case and make future payments.

Attorney’s fees in Chapter 7 bankruptcy cases must be paid before the case is opened. If these fees remain unpaid when the Chapter 7 bankruptcy case is filed, they would become another unsecured debt available to be discharged in the debtor’s case. Thus, bankruptcy attorneys require Chapter 7 debtors to make full payment prior to the filing of their Chapter 7 case.

An experienced Sacramento metropolitan area/Northern California bankruptcy attorney like Alberto Montefalcon is here to help you if your financial position requires the consideration of bankruptcy as a solution to once and for all solve immediate financial problems. Contact his office online or schedule a consultation at any of our three conveniently located offices. Telephone our downtown Sacramento office at (916) 444-0440, our South Sacramento office at (916) 399-9944, or our Concord office at (925) 222-5929.