Legal Question in Bankruptcy in Nevada

does a bankrupt att get his fee from a homestead exemption for his services


Asked on 7/15/10, 5:32 pm

2 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Not unless you want him to do and then I am unsure if he has not committed an ethical breach because he would be a creditor of yours. If your attorney is trying something like that, you need to have an another attorney review everything.

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Answered on 7/16/10, 6:48 am

I am not sure I understand your question. In a Chapter 7 case, the fee for the Bankruptcy attorney is paid "up front" for services performed. In a Chapter 13 case, the balance of the attorney fee (after the up front deposit) is paid as part of the administrative expenses of the case. In neither event does the homestead exemption have anything to do with the attorney fee. In bankruptcy court, attorneys are paid at an hourly rate for the work they do, just as most of the rest of us are paid. If you are quoted a "flat fee," that is an estimate of the amount of time expected to be spent on the case multiplied by the attorney's hourly rate.

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Answered on 7/16/10, 7:47 am


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