Can attorneys really collect their fees post-petition in a consumer Chapter 7 case?
Yes! The keys are full disclosure and informed consent. We provide best-practice recommendations and suggested provisions for your fee agreement and Rule 2016 disclosure. Contact us for more details!
How do I collect fees after I file a client’s bankruptcy without violating the automatic stay?
When you have a separate contract for your post-petition services, you can be paid with your clients’ post-petition earnings or exempt assets. Collecting for post-petition services does not violate the automatic stay when you use a separate, post-petition contract.
How do I get approved?
Approval is easy. There are no personal credit checks, and our application process is simple and quick!
Is it expensive?
Our clients agree that the value of our services greatly exceeds the cost. We’re not just providing financing: we handle all of the payment collection, payment processing, credit reporting and provide attorney education and support on top of that. We’ll be happy to explain the value proposition when we speak with you.
My State Bar disapproves of factoring. Do you factor contracts?
No! We recognize that factoring creates ethical problems in many states. We provide a real loan structured as a line of credit, but still handle all aspects of collection for you so that you can focus on being an attorney.
Am I bound to finance all my contracts or can I finance just some?
Some attorneys finance all their cases, and some finance a select few. It’s up to you!
How do financing and bifurcation help clients and the courts?
Everyone benefits from this process because it provides consumers with more options and allows more of them to file a bankruptcy with an attorney. Consumers with attorneys are much more likely to get a discharge, and are far less of a burden on the courts and their personnel than pro se filers. Making the Fresh Start affordable and accessible helps everyone!
Can you share the case law supporting this?
Yes! Please click this link to receive a case law summary.
What disclosures must I make to my clients and the Court?
You must make complete disclosure to your client in the fee agreements and obtain their informed consent. The court disclosures are made in your Fee Disclosure and Schedule J. Contact us for details!