Legal Question in Bankruptcy in California

My friend filed a chapter 7 bankruptcy and has now been sued as a defendant in an adversary action in the bankruptcy case. Can my friend hire a lawyer to defend her in the adversary action (which seeks to make a very large debt non-dischargeable)? If so, how does the lawyer get paid, and are there any rules that explain how the lawyer gets paid?


Asked on 2/22/12, 9:11 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Yes, you will need to hire a lawyer to defend the adversary proceeding, which is something I do all the time. The fee arrangement is whatever Your Friend and the attorney agree on, typically a fixed or hourly fee. I try to charge reasonable fixed fees. If you give me the case # I would be happy to look it up online.

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Answered on 2/22/12, 9:17 pm
Charles Andersen Charles Andersen, Atty

San Diego Bankruptcy Attorneys There are no rules regarding how a lawyer gets paid in an adversary proceeding. In most all situations, the person retaining the lawyer pays directly. Please review the definition of a lawyer:

A lawyer, according to Black's Law Dictionary, is a person learned in the law; as an attorney, counsel or solicitor; a person licensed to practice law. Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain stability, and deliver justice. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who retain (i.e., hire) lawyers to perform legal services

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Answered on 2/22/12, 9:19 pm


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