If I give BK lawyer partial payment at my consultation, will he stop the law office

[upontheventura]

What is the name of your state?NH
that is about to sue me from doing so? I cannot afford the 1000-1200 dollars (i am guessing here on Chap 7 fees- from what i have heard) until late November/ December) my consult is on Oct 4th. If i gave him 25% would he at least call that law firm that is about to sue and let them know i am in the process if filing bankruptcy? I am just trying to stop the lawsuit/judgement from happening before i file. Or is there nothing he can(or will do) if the papers arent filed. Do lawyers require the total fee before they even file the paperwork? Or do they require full payment by the meeting of creditors date? Thanks once again guys!

 

[kopes]

I just filed BK 7, so I'll you know what my lawyer told me, your's may be different. When I went in for my consultation he told me that I could retain his services for $200, which meant that when he got that $200 he was my lawyer and would begin helping me out. I wasn't being sued, so I didn't ask him about calling anyone, but you can ask. As far as filing goes, he told me that he would take payments but he could not file until the fee was paid in full. He said that the law was changed a while back that required BK lawyers to stop filing before the fee was paid. He said they used to file and then arrange a payment plan but couldn't do that anymore. I'm assuming since BK is federal, that this is the way it is in every state, but I'm not sure.

 

[bigun]

You have to actually file to stop legal proceedings. A lawyer telling your creditor that a bk is in the works may cause them to stop just due to the economics of the situation.
Nov./Dec isn't that far away. If you get sued, you'll have a period of time to answer the simmons. Respond with a general denial and demand a trial. Depending on the court docket, it may well be 60 to 90 days {or longer} before a trial date can be scheduled. Plenty of time to avoid a judgment,etc.