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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2884
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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We have gone through a fee arbitration with our lawyer with

Resolved Question:

We have gone through a fee arbitration with our lawyer with no judgement yet(California). We found after the arbitration that our lawyer filed for bankruptcy 2 months earlier.

Since no judgement has been made what do we do? We have received documents from the lawyer's bankruptcy lawyer to file a claim but how can we with no judgement. The last day to file is June 10th
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 8 years ago.
You can file a proof of claim in the case, if there are assets to distribute, or if it is a chapter 13 repayment plan.
You are an unsecured creditor. Now, since you have a pending case, the bankruptcy case may stay open until your claim is determined, so that you receive your fair share of the asset distribution or repayment.

To file a proof of claim, you need to list down the amount owed and attach the supporting documents. You can put down the amount of the arbitration that you requested. Once the arbitration is decided, you are to file a modified proof of claim to replace the previous one, listing the final amount. You send the proof of claim directly to the bankruptcy court, and you can send a courtesy copy to the debtor's attorney.
Customer: replied 8 years ago.
If i do not file before June 10th and the judgement comes after in my favour. Can I claim this judgement after my lawyer comes out of bankruptcy
Expert:  Terry L. replied 8 years ago.
You need to timely file your proof of claim, otherwise, your claim will be disallowed, and the debt will be discharged completely, you will receive nothing, regardless of the outcome of the arbitration
Terry L. and other Bankruptcy Law Specialists are ready to help you