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    Can i still back out ? It looks like my payment plan is too much i dont think i can live with it the problem i paid my lawyer $838 and they already cash in my check but my petition not yet filed . Im looking for another lawyer to help me file chapter 7 thanks for help .

    #2
    Can't help your question (sorry) as we are just in the seeking an attorney state. That is our main concern however. What IF we can't make it on the payment plan? What would be the next step? (if we don't go forward with it after retaining an attorney)

    I can say I called about 9 attorney's and we seen one in person. Only one out of the 10 we have made contact with, sounded like he was going to fight for us. That's the one we are seeing this Wednesday. I hope he is as real in person as he is on the phone.
    In a perfect world every dog has a home, and every home has a dog.

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      #3
      You can get a new attorney but most likely will not get a refund, I lost $1400 on my first attorney too. Generally they have something in the fee agreement you sign about it being non-refundable.
      19% dividend

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        #4
        As long as you haven't filed yet, you can change your mind about filing without any consequences. However, the money you've paid the current lawyer is likely not going to be refunded because the lawyer will say he/she has already done work towards your case.

        Most Ch 13 lawyers also do Ch 7s. If you keep the same lawyer, you won't lose what you've already paid. Is there some reason you want to change lawyers?

        If you do change lawyers, I'd still ask your current lawyer for a full or partial refund in writing and by registered return receipt mail as quickly as possible. Nothing to lose here - it's worth a try. If the lawyer denies returning your money, demand a detailed accounting of the work already done and the time it required. You can usually spot if the time claimed is excessive or not.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          Originally posted by anxiouseric View Post
          Can i still back out ? It looks like my payment plan is too much i dont think i can live with it the problem i paid my lawyer $838 and they already cash in my check but my petition not yet filed . Im looking for another lawyer to help me file chapter 7 thanks for help .
          Let's back up for a minute. I am willing to bet the attorney gave you a questionnaire and on that questionnaire he asked you what you spent on groceries, mortgage, etc. Thus, the numbers in the plan, right now, are the numbers YOU GAVE your attorney. So on paper, you actually can afford $838 per month. Before you throw out the baby with the bathwater, have you sat down and reviewed the expenses with your attorney, have you gone over the expenses. Do they seem right?

          If you really have that much disposible income, based on numbers YOU provided, I doubt there is any attorney that can get you a chapter 7.

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            #6
            I believe he was just saying that amount was what he had paid the attorney, not what the montly payment would be.

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