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I am filing bankruptcy in IL. I retained the attorney fully…

I am filing bankruptcy...

I am filing bankruptcy in IL

Lawyer's Assistant: What state are you in? And has anything been officially filed?

I retained the attorney fully and I can completely all the steps including the credit counseling course. I should have a case number ***** the end of the week

Lawyer's Assistant: Has anything been filed or reported?

ILLINOIS

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not as of yet

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Customer reply replied 1 month ago
I am just need to know if once my chapter 7 is filed if the automatic stay for GAL fees apply
Customer reply replied 1 month ago
The GAL knows I have retained an BK attorney and they are still moving forward to have a hearing for contempt because I haven’t been able to make payments due to financial hardships
Answered in 14 hours by:
3/14/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,355
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Could you explain a little more about the GAL fees.

What is the proceeding about?

Thank you for your cooperation.

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Customer reply replied 1 month ago
She was assigned to investigate an incident which occurred involving a child neglect charge while our child was in his father’s care and visitation restriction as a result of.

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

Thank you for your understanding.

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Your Question:

I am just need to know if once my chapter 7 is filed if the automatic stay for GAL fees apply

Response: Yes, the Automatic Stay would apply because the hearing only pertains to the GAL's fee. The fee would have to be paid by you from the property of the bankruptcy estate. So eventhough the fee relates to visitation issue which it exempt from the Automatic Stay, it would not fall under the exception to the Automatic Stay. See 11 U.S.C. Section 362 (b).

You need to make sure to give a Notice of Bankruptcy Case Filing to the Clerk so that the contempt hearing would be suspended pending the outcome of your bankruptcy case. You bankruptcy Attorney would get this notice from the Bankruptcy Court as soon she/he hits the "send" button on your case. Bankruptcy cases are filed electronically by Attorneys.

Best wishes,

<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. <p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">

Thank you for your cooperation.

You need

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,355
Experience: B.A.; M.B.A.; J.D.
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Satisfied Customers: 21,355
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Experience: B.A.; M.B.A.; J.D.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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