QUESTION
If we had a consultation to file chapter 7, we decided it would be best not to file, can we receive the full $995 we paid upfront?
Asked on Mar 02nd, 2017 on Bankruptcy - New Jersey
More details to this question:
We had a consultation on Saturday afternoon to file chapter 7. We went home and pulled up credit report. Nothing was on mine except student loans. We decided it would be best not to file. We contacted attorney to get money back.
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
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A lawyer's fee must always be reasonable. $995 is far too much to pay for an initial consultation. You should get a refund of most of what you paid. If lawyer refuses, complain to the State Bar disciplinary committee.
Answered on May 23rd, 2017 at 9:15 AM
If you paid $995 down for a bankruptcy, you ought to be able to obtain a refund for any funds not used to perform work on the case. However, if you relied on your credit report to determine that you have no debts that can be discharged in bankruptcy, I think you have employed a faulty logic. My office can help with refinancing your student loans into more attractive programs, and we do not use bankruptcy to obtain this result.
Answered on May 23rd, 2017 at 9:14 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
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If you signed a contract with the attorney, then the terms of the contract would determine whether you're entitled to a refund. If you didn't sign a contact, then you're entitled to have the entire amount refunded.
Answered on May 22nd, 2017 at 6:05 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Some attorneys do not charge, some do. It depends on what you and counsel agreed to. It also depends on if you signed a retainer.
Answered on May 21st, 2017 at 7:25 AM