Q: While filing chapter 7 bankrupcy my lawyer suddenly says I have to file CH 13, too much disposable income this is after

A: Deciding which chapter you're eligible for and should file is a fundamental but key decision. I'm assuming the $1,500 fee you referenced is for your attorney and not the "phone course for chap7." The terms of engagement, such as the hourly fee amount and the billing processes, should all be spelled out in your engagement letter.

Bottom line in my view is that if your attorney acted diligently and legitimately worked on your file, then he/she is owed for that time. What looks like a 7 at first blush can sometimes turn out to be a 13. However, that's typically something discussed very early on with your attorney. If deciding which chapter to choose was too close of a call to make based simply on the UST/IRS chart and preliminary Means Test calcs, then it's possible your attorney needed to analyze your financials in more detail in order to advise you.

A: I'm sorry to hear about the sudden change in your bankruptcy filing. This must be a stressful and frustrating situation. A few key points to consider:

1. Discuss the change with your lawyer: Ask your attorney to explain in detail why they now believe you need to file for Chapter 13 instead of Chapter 7. Make sure you understand their reasoning and how your disposable income affects the decision.

2. Review your retainer agreement: Check the agreement you signed with your lawyer to see if there are any provisions about refunds or changes in the type of bankruptcy filing. This document should outline the terms of your legal representation.

3. Negotiation: If you decide not to proceed with your lawyer and handle creditors on your own, you can try to negotiate a refund of some or all of the $1,500 fee. However, the lawyer may be entitled to keep a portion for the work already completed on your case.

4. Seeking a second opinion: If you're unsure about your lawyer's advice, consider consulting with another bankruptcy attorney for a second opinion. They can review your case and provide guidance on whether Chapter 7 or Chapter 13 is more appropriate for your situation.

5. Filing on your own: If you choose to deal with your creditors yourself, be aware that the process can be complex and time-consuming. Make sure you understand the legal requirements and procedures involved.

Ultimately, your ability to get the $1,500 refunded will depend on your retainer agreement and your negotiations with your lawyer. It's essential to communicate openly with your attorney and carefully consider your options before deciding on a course of action.

A: You may be able to get the unearned portion of your $1500 back, depending on your contract with your attorney.