This is long and complicated. I live in Ohio and I filed bankruptcy Oct 2005, right before the law changed. I went to court in Dec. It was discharged shortly after. Jan of 2006, a neighbor that I took care of passed away and left me and my husband the residue of his estate, which turns out to be quite hefty. I understand that we have to pay our creditors if we comeinto money within 6 months of BR. But, the Will is in probate being contested and BR attornies are trying to intervene to make sure they get there monies. By intervening, they are tacking on attorney fees that they have aquired in doing so. Now, I filed BR on only $17,000.00, but they are now wanting $75,000.00 because of the attorney fee's and interest. Which by the way, we have not yet been given the inheritance because of the contest. My question is, Is this legal?? The law says if you come into money within 6 months of the discharge date you have to pay your creditors. we were named in will, but not gotten money yet.
2006-12-18 02:28:47 · 4 answers · asked by no_holds_barred 1 in Politics & Government ➔ Law & Ethics
You need a good attorney that you can trust.
The attorney may try to get the bankruptcy settled in the legal fashion, and you already know the 6 month rule.
They are entitled to be paid when you really think about it, so get a good recommendation of an attorney that you can trust.
Did you have an attorney for the Oct. 2005 bankruptcy? If you did, that's the attorney who already has an understanding so you don't have to pay a new one to get onboard and understand what you did.
Please be sure to follow all pieces of this, as you may be denied credit, and denied applications for credit and have very high interest rates now.
GOD bless us one and all, always.
CPA-retired
MBA-Boston Univ.
2006-12-18 02:46:54 · answer #1 · answered by May I help You? 6 · 0⤊ 0⤋
I don't understand the lawyers' fees -- seems to me that if the law says 6 months and you come into the money within that period there is nothing for lawyers to do, you just pay it. And I don't see why you wouldn't anyway, assuming these were valid debts and you want to rebuild your credit. Since you have no control over whether or not you actually receive the funds I don't see how they can tack on more interest, since the bankruptcy was already discharged.
I doubt it is illegal, but it is certainly frivilous. Sounds like you may be needing your own attorney. Oh, most definitely, you need the advice of an attorney.
2006-12-18 10:42:44 · answer #2 · answered by laurie888 3 · 0⤊ 1⤋
It is my understanding that creditors MUST fight the bankruptcy and demand their money before the bankruptcy is discharged..Once it is dc they are entitled to nothing and cannot contact you again PERIOD...It sounds like they are just trying to get their money because they are mad at you. Who was your bankruptcy attorney..I would contact you because I seriously doubt that is legal.. If you didn't have one..call the bankruptcy court and ask them or call any attorney that deals with bankruptcy..they will usually answer free questions over the phone at least 1 or 2 ..even if you have to pay a few dollars it's better to know. If the creditors could do that..there would be no sense in bankruptcy for some people.. GL
2006-12-18 11:59:14 · answer #3 · answered by chilover 7 · 0⤊ 1⤋
I was told it was 3 years. No matter how you fight this the only winners will be the lawyers.
2006-12-18 10:33:32 · answer #4 · answered by Anonymous · 1⤊ 0⤋