attorney fee after bk discharge

[chainis]

What is the name of your state?CA
I Filled BK 13 5 years ago, and finally I got my discharged letter from The United State Bankruptcy Court, then a I receive a invoice from my attorney saying that I owe him almost $700 dolllars for the chapter 13 BK proceeding.
I call him and he state that he didn't want to filled an objection while my discharged was going because he didn't want me to wait another 6 month for a court order from the trustee, that way he will get his money properly. So he said that is was rather send a bill after the discharged so we can work out a payment arrangements between me and him.
Also he state that if I don't pay him he will sent me to collection.
Is this legal from him to bill me after the BK is discharged or I have to pay him this money.
I called a couple attorneys and they advice me not to pay him, I just hear very good feeback from this web site thr friends, so I hope you can give me an advice..

In advance your advice will be appreciate.

Chainis

 

[cyana24]

I don't know much about C13's but I though that the attorney's fees were included or could be included in your plan. Anyway, this will serve as a "bump" so you can get a response.

 

[chainis]

Help!

Do anybody is going to give me an advice, I realy need some advice from someone familiar with my statement.
Thank you.

Chainis

 

[JETX]

Is this legal from him to bill me after the BK is discharged or I have to pay him this money.

You haven't provided enough information for anyone to answer your questions.
1) Did you pay him in FULL prior to the bankruptcy filing (as is normal)?
2) Did the attorney provide additional services that were NOT included in that original agreement??
3) EXACTLY what services are being billed now?? If you don't know... ask your attorney.

 

[chainis]

I told him to filled a motion to pay off my BK, like 4 months before my discharge, and I think that is why he is charging me for.
Yes I did pay him an full for his services thought out the BK plan, but he state that the bill is for BK discharged proceding,I guess is all the paper work that he received from the court (problably just for reading this document).
I call him and he state that he didn't want to filled an objection while my discharged was going because he didn't want me to wait another 6 month for a court order from the trustee, that way he will get his money properly. So he said that is was rather send a bill after the discharged so we can work out a payment arrangements between me and him.
The only thing I known is that is ilegal for him to bill me while I 'm in BK because he getting pay thr BK, but he said that I'm not in BK anymore so he can bill me.

Chainis

 

[JETX]

The only thing I known is that is ilegal for him to bill me while I 'm in BK because he getting pay thr BK, but he said that I'm not in BK anymore so he can bill me.

It is NOT illegal for him to bill you for legal services incurred in your bankruptcy. Further, ANY debt that is incurred after your date of filing, is exempt from that discharge.

From the US bankruptcy Code:
§ 523. Exceptions to discharge
(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt—
<snip>
(19) that—
(B) results from—
(i) any judgment, order, consent order, or decree entered in any Federal or State judicial or administrative proceeding;
(ii) any settlement agreement entered into by the debtor; or
(iii) any court or administrative order for any damages, fine, penalty, citation, restitutionary payment, disgorgement payment, attorney fee, cost, or other payment owed by the debtor.

 

[chainis]

Yes I understand what you saying, but according to my other sources, he has to get a court order from US BK court in order from me to pay him and he said is to late because the bk is discharged.

 

[JETX]

Yes I understand what you saying, but according to my other sources, he has to get a court order from US BK court in order from me to pay him and he said is to late because the bk is discharged.

Okay, then believe your 'other source'......

 

[chainis]

Do anybody have anymore advice what I can do in my situation.