Divorce attorney sending me to collections

What is the name of your state? california
3 years ago I filed bankruptcy and listed my divorce attorney. When my divorce attorney found out that I filed bankruptcy on him he called me and wanted to set up a payment plan, which I did, since I had a good relationship with him. I did not agree to any amount, however, I paid him $150 a paycheck, which was automatically deducted from my payroll, totalling $300 a month. I then left my job and started another job, where I took a paycut, and could only afford to pay my attorney $150 a month. I then received letters from my attorney's billing department stating that I have failed to pay the agreed amount of $300 a month, and that I needed to pay the $300 a month or be sent to collections. I called my attorney and discussed with him that I could not afford the $300 a month, now that I am making less than when I originally was paying the $300 a month, and all I could pay for now was the $150 month. My attorney told me to take it up with his billing department, which I did, in writing, and never heard back. Now the other day, I received a letter from my attorney's billing department stating that I either had to pay the $300 a month, as agreed or pay the balance of $5 748. I never reaffirmed the debt through bankruptcy, it was only verbal. I have no problem paying the debt, at $150 a month. My question is, can I be held legally responsible for paying the $300 a month, or does he have to accept the $150 since I have been making that payment in good faith for the last 1 1/2?

[Ladynred]

You don't actually HAVE to pay them ANYTHING ! If you included the lawyer's fees and the debt was discharged, they cannot legally collect from you on a discharged debt ! There's nothing to stop you from paying on a discharged debt, its voluntary, but the bottom line is the Federal BK released you from all liability for it and they CANNOT actively collect on it.

You need to point his out to this attorney's billing office - the debt WAS discharged and your repayment has been strictly VOLUNTARY. They can either accept what you can afford to pay or you can stop payin altogether and the bankrtupcy law forbids them from collecting on a discharged debt.

Basically you tell them to take the $150 or get NOTHING, you're not legally obligated in any way. Don't back down. The attorney should know better !!