In the event that an attorney took no action on a case, it is fair to assume you should be able to rightfully request a refund of money paid for their services. If the attorney was paid and no paperwork was completed or prepared for the bankruptcy case, the petitioner (who never actually became a petitioner) is entitled to a refund.
First things first—if you must attend a bankruptcy hearing, go to it even if your attorney hasn’t gotten back to you. If the attorney doesn’t show up, tell the bankruptcy trustee or judge what has happened. You may even want to request more time. At this point, it may be best for you to file a complaint with the bar and find another lawyer.
Not only was the lawyer obligated to provide the services as agreed, there is also an obligation to return phone calls... Whenever a lawyer fails to perform the legal services that you paid him to render, you are entitled to full refund of your retainer.
But since a bankruptcy filing involves legal matters, it can be challenging to navigate the bankruptcy process alone. You can file the case without legal help, known as going pro se, but experts typically recommend relying on a bankruptcy lawyer to handle your case.
First things first—if you must attend a bankruptcy hearing, go to it even if your attorney hasn’t gotten back to you. If the attorney doesn’t show up, tell the bankruptcy trustee or judge what has happened. You may even want to request more time.
Though the bankruptcy of a company to which you've sold goods or provided services is never great news, it's often possible to get at least some of that money back. Doing so requires you to file a proof of claim promptly, so the trustee overseeing the payment to creditors can put your receivables in the queue.
If the court revokes your bankruptcy discharge, you'll remain liable for any previously discharged debts. Also, if you committed fraud or otherwise abused the bankruptcy system, you might have to pay fines, forfeit assets, or face criminal prosecution.
Following a bankruptcy discharge, debt collectors and lenders can no longer attempt to collect the discharged debts. That means no more calls from collectors and no more letters in the mail, as you are no longer personally liable for the debt. A bankruptcy discharge doesn't necessarily apply to all of the debt you owe.
The bankruptcy is reported in the public records section of your credit report. Both the bankruptcy and the accounts included in the bankruptcy should indicate they are discharged once the bankruptcy has been completed. To verify this, the first step is to get a copy of your personal credit report.
If the trustee finds hidden assets, the trustee can ask the court to revoke or take back your discharge. The trustee can do this at any time before the case closes or, even after, up to one year after the discharge date.
A Chapter 7 bankruptcy takes approximately four to six months after the initial filing to be completed and your debts discharged. After that, you can apply for a credit card. A Chapter 13 bankruptcy, however, can take between three to five years as it's a restructuring of your debt that you pay off over time.
Many people are afraid of what bankruptcy will do to their credit score. Bankruptcy does hurt credit scores for a time, but so does accumulating debt....Bankruptcy Affects High Credit Scores More Than Low Credit Scores.ScoreAverage Drop in Credit ScoreExcellent (850-800)200 pointsVery Good (740-799)200 points3 more rows•Jun 30, 2021
According to Section 524 of the U.S. Bankruptcy Code, after you file bankruptcy no one can take action against you if the debt has been discharged. It is illegal for creditors to contact you about payments for the discharged debts.
The following debts are not discharged if a creditor objects during the case. Creditors must prove the debt fits one of these categories: Debts from fraud. Certain debts for luxury goods or services bought 90 days before filing.
Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.
An individual receives a discharge for most of his or her debts in a chapter 7 bankruptcy case. A creditor may no longer initiate or continue any legal or other action against the debtor to collect a discharged debt. But not all of an individual's debts are discharged in chapter 7.
Attorneys are hired to perform a service. They charge a specified fee for their services. Providing the services takes time. If the attorney you hired took time to work on your bankruptcy case, something was done. Services were provided.
Since the attorney can’t get the time back, the client is not entitled to get money back. But this all hinges on whether or not the attorney performed any work in relation to the case. If an attorney took time to work on your case, they have earned some or all of the initial retainer. Depending on the situation and what happened after ...
If the attorney was paid and no paperwork was completed or prepared for the bankruptcy case, the petitioner (who never actually became a petitioner) is entitled to a refund. In some cases, they could be entitled to the entire retainer fee.
When you hire an attorney, you expect their legal advice and guidance to assist you with whatever problem you are facing. Whether you are dealing with a creditor or facing criminal prosecution, your attorney is supposed to be your lifeline.
Additionally, the bar could discipline an attorney if they wrongfully keep a client’s fee. In extreme cases, this sort of financial malfeasance could result in the suspension of an attorney’s license. Given what is at stake, contacting the bar association could be your best option for seeing your money returned.
Instead, attorneys use flat or hourly fees for their billing. Hourly fees are ripe for disagreements, as many attorneys require a retainer to be paid upfront. The retainer represents a pool of money paid to your attorney for fees they have not yet earned.
If the attorney doesn’t show up, tell the bankruptcy trustee or judge what has happened. You may even want to request more time. At this point, it may be best for you to file a complaint with the bar and find another lawyer.
If you’ve left your bankruptcy attorney several voicemails and gotten no response, try contacting them via email or a private message on social media. If they have a receptionist or assistant, you should also leave a message with them.
You should also say that if you do not hear from them within a certain timeframe that you will need to explore your options. Do not directly threaten them with legal action or a bar complaint. File a complaint. First things first—if you must attend a bankruptcy hearing, go to it even if your attorney hasn’t gotten back to you. ...
If you’re unable to schedule an appointment with the bankruptcy attorney, and they are still not returning your calls or emails, you should just show up to their office. Once you get there, don’t make a scene.
If a creditor gets a judgment against you, it will then take steps to collect on that judgment. The creditor can collect by garnishing your wages, or selling some of your assets or property. Before the judgment creditor does this, it must first find out whether you are employed, how much money you make, and what assets you own.
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There are laws that will protect you from most types of post bankruptcy discrimination by the government and by private employers.
Getting a mortgage after bankruptcy can be challenging. But if you work hard to get control of your finances and improve your credit history, and be selective about when and where you apply for a home loan, you will eventually be able to buy a house. Depending on your circumstances, that day might be sooner than you think.
If you are waiting longer than that, "waiting for the check to clear" is not likely a satisfactory explanation. In addition to the problem of the check clearing there can be a much longer wait problem with liens. Suppose some of the medical bills in a personal injury case were paid by Medicare.
The banks simply won't commit themselves to saying the check has cleared. The guidelines the banks use for estimating when a check should have cleared or bounced depend on the location and identity of the issuer, but they are only estimates.
Finally, your attorney gets a settlement check; it is deposited to their trust account and you don't get your check. What is going on? In theory your attorney is supposed to not distribute the settlement to you, any lien holders, and him or herself until the check has "cleared.".