Q: I filed for a Chapter 13 in 2008.
I filed for a Chapter 13 in 2008. After a year I lost my job so I was advised to stop making payments to the trustee by my lawyer with the intent of filing a Chapter 7. As of today, my lawyer has still not filed my Chapter 7. I have creditors calling and sending me notices. I have had my truck repossed, which I had to pay extra fees to get it back. My lawyer does not return my calls or my creditors calls. When starting this case i paid $800 up front and according to the final trustee statement his office also received $2300! Am i getting the run around?? My case was (in the beginning) very straightforward and I guess you could say easy since I had no delinquencies. What are my options?? I'm unemployed, a fulltime student and feel like I've been ripped off?
A: The answer depends to an extent on what the fee agreement says and also in part what the fee approval order called for as well as a determination whether the lawyer completed his or her job for a chapter 13. He or she may be requiring an additional fee if the conversion ws not included in the original 13. However, there is no real acceptable reason for not returning your calls.
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