Boston, MA asked in Bankruptcy for Massachusetts

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

I had to take the on the phone course for chap7. If I want to deal with my creditors myself can I get my fee of$ 1,500 back?

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

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.

Steven Marlow Palmer agrees with this answer

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