A legal question concerning a Chapter 13 bankruptcy discharge.

[RebelOne]

I filed a Chapter 13 bankruptcy 3 years ago. I just received a notice from the court stating that my debt has been paid and my bankruptcy has been discharged. But I also received a check for $3910. That was the amount that was quoted to me for the legal fee by my attorneys. I have called and left messages and also e-mailed them and have not received any reply. I want to know if I have to give them this money or is mine? I thought that the money that was deducted from my paycheck also included their fee. Anyone have any idea? It's killing me because I have all that money and I don't know what to do with it. You would think that if the money was to be paid back to the attorneys that they would reply to me. I wrote in my last e-mail that if I did not hear from them, I could assume that the money is mine. I worked for an attorney here in Georgia for a few years and know how difficult to get phone call returned/

[flvegan]

1. Send them a certified letter, give them 30 days.

Ask for a full accounting of your fees and costs you have paid to them so you can do your own math.

Good luck.

[elleng]

2. Good advice.

.

[flvegan]

3. Thank you.

Considering your credentials, that is high praise.

[elleng]

7. Thanks! But check MrPerson's,

for on-point expertise!

[RebelOne]

9. If I don't hear from attorney's office tomorrow, I will do that.

I sure would like to keep this nice fat check.

[MrPerson]

4. Any attorney fees are to be paid by the Chapter 13 Trustee

Other than whatever you paid him prior to filing. They also have to have been approved by the Court. The attorney files a paper with the Court stating what the total fee will be. If he requires more than that he has to file a fee application. The Chapter 13 Plan also says what the fee will be. Check your original bankruptcy papers (you should have been given a copy) I think the money is yours.

[RebelOne]

10. Thanks, I will have do some searching to find the original papers.

I am terrible when it comes to filing important documents, but I'll find them.

[MrPerson]

5. I'm a Chapter 13 debtor's lawyer. I've been doing them 25 years.

[MrPerson]

6. The Trustee can also tell you if the attorney was paid.

[RebelOne]

8. Thanks so much. If I do not hear from the attorney tomorrow,

I will contact the trustee. It sure would be nice if I could keep this $3910 check. It would be a big help since I jusr had to pay $1900 in income tax.

[RebelOne]

11. Thanks to all for your help.,

I was finally able to contact my attorney today, after repeated calls and e-mails. And I was told that the $3,900 was mine. It was money that was left over from my debt payments. What a windfall!! I just had to pay $2,000 in taxes to the IRS and I was in financial pain and this money was a definite pain-killer.

[BeachBaby]

12. Woohoo! Yuenglings are on RebelOne!

:woohoo: :rofl:

I keed, I keed.....happy to hear it worked out for you. :) :hi:

[RebelOne]

13. Thank you.

I've been doing the happy dance all day. Will dancing all the way to bank tomorrow.