What happens to the bills after bankruptcy? 22 Answers as of September 27, 2013

My husband filed bankruptcy 2 years ago. His divorce attorney sent us numerous bills after his bankruptcy was closed and she had been notified. Now two years later, she is stating that she and my husband had a "verbal" agreement that he was going to pay the bill and he only put her on there because his bankruptcy attorney told him to. During the bankruptcy, she did not contest when she had the opportunity. The divorce was final before he filed bankruptcy.

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Richard L. Hirsh, P.C. | Richard L. Hirsh
Those bills are discharged and the attorney is violating section 524 of the Bankruptcy code. AS the attorney knows of the bankruptcy the violation is intentional and sanctionable. You were required to list the bills and even if you promised to pay him despite the bankruptcy, your bills are discharged.
Answer Applies to: Illinois
Replied: 9/27/2013
The Law Offices of Katie M. Stone
The Law Offices of Katie M. Stone | Katie M. Stone
If the attorney was listed and included in the bankruptcy, then your husband's obligation to pay her was discharged. The attorney attempting to collect is in violation of the discharge order. She is not allowed to attempt to collect on a debt that was discharged in bankruptcy. I hope you found this answer useful.
Answer Applies to: Florida
Replied: 9/27/2013
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Sounds like the attorney fees were discharged in the bankruptcy. The attorney should be told that she is violating the discharge order and should cease and desist.
Answer Applies to: California
Replied: 9/25/2013
Stephens Gourley & Bywater | David A. Stephens
Those bills are discharged by the bankruptcy unless they were reaffirmed in the bankruptcy.
Answer Applies to: Nevada
Replied: 9/23/2013
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
Any bill incurred prior to filing is discharged.
Answer Applies to: Michigan
Replied: 9/23/2013
    Fears Nachawati | Sean T. Flynn
    Any pre-petition debt, debt arising before you filed the case is discharged. If your attorney was listed on the bankruptcy it sounds like the debt arose before the bankruptcy was filed. No verbal, nor written agreement can avoid discharge. Only a formal objection filed before the deadline for discharge can prevent the discharge to applying to the debt.
    Answer Applies to: Texas
    Replied: 9/23/2013
    Armstrong Kellett Bartholow P.C.
    Armstrong Kellett Bartholow P.C. | Gary Armstrong
    If the bills are for work done before the bankruptcy was filed, then they were discharged along with the credit cards, etc. it is illegal for the divorce attorney to try to collect a discharged debt.
    Answer Applies to: Texas
    Replied: 9/23/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Any legal fees that were accrued prior to the filing of the bankruptcy are discharged and that attorney can not collect them. Any legal fees accrued after the filing of the bankruptcy can be collected.
    Answer Applies to: New York
    Replied: 9/23/2013
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    A verbal agreement that a debt will not be discharged is not valid. Section 524 of the Bankruptcy Code requires that for a dischargeable debt to survive discharge, a Reaffirmation Agreement must be entered into before discharge, filed with the Bankruptcy Court, and either certified as not an undue hardship by the Debtor's attorney or approved by the judge. Moreover by sending collection letters, the divorce attorney my be in violation of the discharge order.
    Answer Applies to: Texas
    Replied: 9/23/2013
    Elkington Law
    Elkington Law | Sally Elkington
    If the divorce attorney was listed in the bankruptcy and even if she wasn't, but wasn't intentionally omitted, she is in violation of the discharge order if she sends a bill, contacts your husband regarding the bill, or in anyway tries to collect. Send her a letter to cease and desist and if she doesn't, you can sue her. You would have to reopen your case, but it might be worth it.
    Answer Applies to: California
    Replied: 9/23/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    The attorney is violating the discharge injunction. I recommend sending a letter advising entry that the debt is discharged and should he or she continue to attempt to collect the debt the debtor will seek sanctions from the bankruptcy court.
    Answer Applies to: Nevada
    Replied: 9/20/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    She cannot collect. Period. There is no such thing as a verbal reaffirmation agreement.
    Answer Applies to: California
    Replied: 9/20/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In New Jersey, I would say that she is out of luck and can not collect the bill and is in violation of the Bankruptcy Discharge..
    Answer Applies to: New Jersey
    Replied: 9/20/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    A verbal agreement isn't worth the paper it is written on! LOL! If the services were performed prior to the bankruptcy, this debt was discharged. If services were provided after the bankruptcy, then the fee for those services would not have been discharged. This contact may be a serious violation of the bankruptcy discharge and your spouse should contact his bankruptcy attorney for representation.
    Answer Applies to: Nevada
    Replied: 9/20/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    The attorney is in violation of the Discharge Injunction and any "verbal" agreement is not binding. If she doesn't stop, I'd hire a bankruptcy attorney to give her one last chance to comply with the law OR be subject to paying the bankruptcy attorney's fees and costs for getting her to stop.
    Answer Applies to: Florida
    Replied: 9/20/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Your husband should contact his bankruptcy attorney for assistance. It sounds as though his divorce attorney is knowingly violating the discharge order and he may have recourse against her either in the bankruptcy court or possibly in state court. There may also be grounds for a complaint or grievance with the office of attorney regulation in your state.
    Answer Applies to: Colorado
    Replied: 9/20/2013
    Mark S Cherry, Attorney at Law, PC
    Mark S Cherry, Attorney at Law, PC | Mark Cherry
    The attorney appears to be violating the bankruptcy code. Ask her to cease collection ir file a motion in babkruptcy court.
    Answer Applies to: New Jersey
    Replied: 9/20/2013
    Law Office of William Stoddard | William Stoddard
    The attorney was stupid. The bill was discharged like every other creditor. Tell the attorney that if the bill keeps being sent, it violates the Fair Credit Law and is subject to a penalty in suit. Your husband had a moral obligation if he said he would pay, but not a legal one. I will leave the morals up to his choice.
    Answer Applies to: Washington
    Replied: 9/20/2013
    Law Offices of David A. Tilem | Michael Avanesian
    In general, she is barred by law from seeking any pre bankruptcy fees. If she did work after the filing date, then that is collectible.
    Answer Applies to: California
    Replied: 9/20/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Your husband needs to contact his bankruptcy attorney ASAP. His own divorce bills which preceded the bankruptcy filing would generally be discharged.
    Answer Applies to: Wisconsin
    Replied: 9/20/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If the bill was discharged, so it is. He can voluntarily pay it.
    Answer Applies to: Michigan
    Replied: 9/20/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    They are discharged. No obligation to pay?
    Answer Applies to: New York
    Replied: 9/20/2013
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