Question changed my mind before filing, can I get my money back?

[Chabelo]

Chenged My mind before filing chapter 7, Idon't want to do it anymore because requieres too much sacrifice on my part, it's just not the right time, so, I have already paid the attorney, went to one meeting to expose my case and for advice, then another
meeting to pay and give them all my paperwork, the first 2 meetings were with the legal assistant, then went to a third with the attorney, but before signing anything, i told the attorney i had talk it over with my wife, he gave us another appointment, but we decided to back out, can we at least get some of the money back?

[LadyInTheRed]

It depends on how much work the attorney did on your case and what the fee agreement says. When you met with the attorney, did he have a petition ready for you to sign? If so, you aren't likely to get much of a refund, if any, because they already did most of the work required for a chapter 7.

[AngelinaCatHub]

It depends on how much work the attorney did on your case and what the fee agreement says. When you met with the attorney, did he have a petition ready for you to sign? If so, you aren't likely to get much of a refund, if any, because they already did most of the work required for a chapter 7.

This is true. Usually a bk7 cost is based on an "even Keel" meaning no problems. In the event one goes bad, the lawyer will ride it through and take a bit of loss, and in other cases he makes it up. It all averages. Since it is a block price, depending on what work he has done, you might tell him and keep him on retainer in the event you change your mind again.

BK is a serious and stressful decision, and should have been well thought out before action. However if you are able to dig yourself out of the hole, that is better yet. Asking does not hurt. Let us know how you made out. 'Hub

[Chabelo]

Thank you.

Yes, he had everything ready for me to sign, but I didn't want to sign.
On the prep sheet he gave me it says $$$$$ for legal fees and $$$$$ for court fees
should I ask at least for the cout fees back? even though the actual receipt says only
legal fees?
and thank you, you've been very helpfull!!!!

[BKParalegal]

Yes. They will refund your court fees that you paid them but generally fee agreements state any Atty fees paid are non-refundable.

And Angelina, I never heard it called "even keel" but rather cost averaging.

Good luck

[helpmeout72]

BKParalegal......... I have a question..............what if I went to the my attorney, two times (once for free consultation and once to give all my income/bank information to the atty), third time I paid my $1300 for filing the BK, the atty went thru the entire petition for me to sign, got to the last page and realized his secretary did not input the income numbers correctly. Left me in the conference room for 45 minutes and came back and said my boyfriend made to much income (roommate) and that I am not eligible to file. I can't file chp 13 as I am not working, attending nursing school full time right now.

I asked his secretary about getting my money back and she said "absolutely not, he has already done all the work".

So, my question is this...............is this legal? Yes, I signed a contract stating that he would file chapter 7, but after taking my money, he states that he/I cannot file, and now refuses to give me any of the money back.

What can I do?