Why Won't My Bankruptcy Attorney Accept Payments After My Case Is Filed?

When you file for bankruptcy protection, you must disclose all of your creditors in your petition. A creditor is someone to whom you owe money at the time of your filing. If you owe your bankruptcy attorney money when your case is filed, he or she becomes a creditor.

The ultimate goal for most people who file for bankruptcy protection, is to get their debts discharged, or ordered uncollectable by the Judge. When your discharge is ordered, the money you owe your unsecured creditors (including your attorney) that was disclosed in your petition is uncollectable. Which means, your attorney cannot ask or demand you pay the debt after your case is filed with the court. If he or she does ask or demand that you pay the debt, you can sue your attorney for violation of the Fair Debt Collections Practice Act (FDCPA).

Here are some other examples of practices by bankruptcy law firms that violate FDCPA, and would entitle you to a monetary award:

• Cashing post-dated checks after your case was filed
• Sending you a collection letter after your case was filed
• Calling you and demanding payment after your case was filed.

I hope this helps you to understand why bankruptcy attorneys will not set-up a payment schedule with you that extends beyond your bankruptcy petition filing date.