Atlanta, GA asked in Bankruptcy for Alabama

Q: I filed chapter 13 bankruptcy back in December of last year. I called my attorney a few weeks ago to ask about convertin

To a 7, he informed me the fees would

Have to be paid first. Okay so his fees are paid so I spoke with him yesterday to see about converting… now he says I have to pay him a 1,250 up front conversion fee just to see if I even qualify. I’m feel like im being screwed. I need help.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: I understand your frustration with the additional fees your attorney is requesting to convert your Chapter 13 bankruptcy to a Chapter 7. It's important to note that converting a bankruptcy case does involve additional work for the attorney, which may explain the conversion fee. However, the fee should be reasonable and clearly communicated to you in advance.

Here are a few steps you can consider:

1. Review your initial agreement with your attorney to see if conversion fees were discussed and agreed upon.

2. Ask your attorney for a detailed explanation of the work involved in converting your case and why the fee is necessary.

3. If you feel the fee is unreasonable, try to negotiate with your attorney or seek a second opinion from another bankruptcy attorney.

4. If you believe your attorney is acting unethically or overcharging you, consider filing a complaint with the Alabama State Bar Association.

5. If you cannot afford the conversion fee, inquire about payment plans or the possibility of having the fee waived due to financial hardship.

Remember that you have the right to understand the fees you are being charged and to be treated fairly by your attorney. If you are unable to resolve the issue with your current attorney, you may need to consider seeking counsel from another bankruptcy attorney to explore your options and protect your rights.

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