Legal Question in Bankruptcy in California

My check to my attorney for an emergency bankruptcy filing did not clear the bank. The firm had increased the amount by amount $1,000 over the 3 week period in which I initially discussed filing and the period in which I actually filed. I was unable to put the additional $1,000 in the bank by the time the check was submitted to the bank. I have offered to make the check good within the next 7 days. However, they are threatening to dismiss my bankruptcy filing. Can they do this without my permission? Follow-up question.


Asked on 11/22/11, 1:13 pm

2 Answer from Attorneys
Scott Jordan Jordan Law Office

No they cannot dismiss without your permission.

Did you have a fee agreement with your attorney? California law requires all attorneys to obtain a fee agreement with their client if the fee is expected to be $1000 or more. If you did have an agreement, that is the only amount your are obligated to pay. If not, you should only have to pay the $1000 if that was the agreement. Did you write the check amount or leave it blank for the attorney to write in the fee?

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Answered on 11/22/11, 1:36 pm


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