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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 12206
Experience:  JD, MBA
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I have filed a chapter 13 after my chapter 7 discharge was

Customer Question

I have filed a chapter 13 after my chapter 7 discharge was revoked. The creditors are now claiming that there attorneys fees of 454,000 are liquidated and not unliquidated in getting my discharge revoked. As you can see that figure is nuts. However I am fighting to avoid my chapter 13 being dismissed and need some case law that it is unliquidated since no one has awarded them the fees of that from the state court nor the judge in the bankruptcy case.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 1 year ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

I’m sorry to say that the creditors are correct. Attorneys fees are a liquidated debt. This is because you know what they are (or what the creditors claim them to be). The creditors were either required to pay their attorneys those fees or they weren’t. The point is that determination can easily be made . They don’t need to come up with an abstract number for how much they had to pay their attorneys. If they had to pay their attorneys, then this damage is quantifiable.

An example of unliquidated debt would be the damage you cause a lender when you make a late payment. If you pay your credit card bill late, then the creditor is obviously damaged. However, how do you quantify the damage? Accordingly, the lender and the consumer agree beforehand on a late fee, and then the unliquidated damage becomes liquidated.

I'm sorry for the bad news. I know that you would've liked case law that states the opposite of what I wrote. However, since that is not the law, I would not be able to find it.

Expert:  TJ, Esq. replied 1 year ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating to close out this question (and please remember that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!