Is a creditor obligated to pay attorney fees after my discharge? 13 Answers as of July 11, 2013

I don't want to pay for an attorney but I want my creditor to stop calling and sending letters. Will the creditor pay for my legal fees if I hire an attorney?

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Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
If the debt collector is aware that the debt was discharged, then under a fee shifting statute like Fair Debt Collection Practices Act you would definitely be compensated for your damages and also attorney fees. Make sure you hire an attorney experienced and well versed in consumer law. Thanks for tuning in.
Answer Applies to: Connecticut
Replied: 7/18/2011
Shmucher Law, PL
Shmucher Law, PL | Ofer Shmucher
Yes, if a creditor that you listed in your bankruptcy is still calling you after your bankruptcy then I suggest you contact a debt lawyer. They will usually take the case on for free because if they win they will be able to get paid by the creditor.
Answer Applies to: Florida
Replied: 6/30/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Creditors that have been discharged are forever enjoined from collection efforts of the discharged debt. If you have to sue for violation of the injunctive aspect of the discharge you might want to ask for attorney fees as well as other damages.
Answer Applies to: California
Replied: 6/30/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
The court can order attorneys fees to be paid if you prevail in a contempt motion against the creditor, but it's not guaranteed and, perhaps more importantly, there's no certainty that the creditor will have the ability to pay if the court does order it.
Answer Applies to: California
Replied: 6/30/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Yes, you should retain an attorney, and the Court may require them to pay your attorney fees. It's illegal to continue to contact you once you've filed bankruptcy.
Answer Applies to: Virginia
Replied: 6/30/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    A creditor is not obliged to pay your attorney fees.
    Answer Applies to: Washington
    Replied: 6/30/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    If you are being harassed by a pre-petition debt that was properly discharged in a bankruptcy, a lawyer will file what is called an adversary proceeding against the creditor for violation of the bankruptcy's stay against collection of discharged debts. The court will allow attorney fees and punitive damages in this situation.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    A creditor often will be required to pay attorney fees, especially if they have received ample warning about the bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/29/2011
    Law Office of Dennis Jay Sargent Jr, PLLC
    Law Office of Dennis Jay Sargent Jr, PLLC | Dennis J Sargent Jr.
    Creditor who violate the FDCPA or the bankruptcy discharge may be held liable for sanctions for the violation. In some cases, they could be liable for your attorney fees. Also, in some cases an attorney will handle the case on a contingency fee basis where you would not be liable for their fees unless you collect. You should contact an attorney in your area to determine if you have a viable case and determine if they are willing to take it on a contingency basis. Every case is unique so even if a creditor could be liable for your attorney fees, there could be a situation where you still liable. Look for an attorney that offers free consultations and would be open to handling on a contingency basis.
    Answer Applies to: North Carolina
    Replied: 6/29/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    It will depend on the circumstances, you should consult with your Bankruptcy Attorney.
    Answer Applies to: New Hampshire
    Replied: 7/11/2013
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    If you were my client, I'd be eager to take that case just for the attorney's fees we'd collect from the creditor.
    Answer Applies to: Virginia
    Replied: 6/29/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I have made creditors pay. It is not easy and not every attorney is willing to make it happen. Keep calling until you find one who knows how to do it.
    Answer Applies to: California
    Replied: 6/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe. But before you get excited about suing, are you sure that your notice to creditor in the case complied with the law (including using the address for the creditor that you legally were required to use as many people file with incorrect or incomplete addresses)?
    Answer Applies to: Georgia
    Replied: 6/29/2011
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