What is the name of your state? MI
I'd like advice on whether I can get attorney's fees back.
I started a Chap 13 case pro se, and submitted all the paperwork except the Means Test Calculations. I got nervous, so I immediately hired an attorney just after I filed. I gave him $1000, asked for a contract, both verbally and written, but he never gave me one. He is still asking for $500.
I found out that the attorney filled out the Means Test incorrectly (used a different county for IRS acceptable expenses, used about half of my monthly mortgage as an expense, and a few other noticeable problems).
He didn't show up for the 341.
At the plan confirmation a month or so after the 341, although he had all the needed paperwork, he told me that he was too late to file this paperwork (which was in his hands), and that we would need another confirmation meeting.
I was paying $100/mo during the time up to the plan confirmation. The Means Test, which was mis-calculated, showed that I had $550/mo. disposable income. One week before the court had my pay garnished, my case was dismissed b/c of this huge gap. This was 7 months after I filed.
Based on the new Means Testing calculations, I had less than $100/mo disposable income, so my attorney quickly filed for a Ch 7. Unfortunately, the law states that the pre-bankruptcy credit counseling should occur within 6 months of filing. I had this counseling 7 months ago.
Anyway, he again did not show up at the section 341 (he had proper notice, and I had talked to him about it) (can't use cell phones in the courthouse, car parked far away). I was besides myself. I went to his office afterward, and he was apologetic.
At the follow-up 341, he did show, so the 341 is out of the way. My case will probably be dismissed b/c of the credit counseling time limit.
This attorney is an older gentleman, probably 80, has his own practice. I retained him b/c he has a lot of experience, I thought my case would be simple, blah blah blah.
Although I have asked repeatedly, he hasn't submitted a contract. Can I get my money back?
I'd like advice on whether I can get attorney's fees back.
I started a Chap 13 case pro se, and submitted all the paperwork except the Means Test Calculations. I got nervous, so I immediately hired an attorney just after I filed. I gave him $1000, asked for a contract, both verbally and written, but he never gave me one. He is still asking for $500.
I found out that the attorney filled out the Means Test incorrectly (used a different county for IRS acceptable expenses, used about half of my monthly mortgage as an expense, and a few other noticeable problems).
He didn't show up for the 341.
At the plan confirmation a month or so after the 341, although he had all the needed paperwork, he told me that he was too late to file this paperwork (which was in his hands), and that we would need another confirmation meeting.
I was paying $100/mo during the time up to the plan confirmation. The Means Test, which was mis-calculated, showed that I had $550/mo. disposable income. One week before the court had my pay garnished, my case was dismissed b/c of this huge gap. This was 7 months after I filed.
Based on the new Means Testing calculations, I had less than $100/mo disposable income, so my attorney quickly filed for a Ch 7. Unfortunately, the law states that the pre-bankruptcy credit counseling should occur within 6 months of filing. I had this counseling 7 months ago.
Anyway, he again did not show up at the section 341 (he had proper notice, and I had talked to him about it) (can't use cell phones in the courthouse, car parked far away). I was besides myself. I went to his office afterward, and he was apologetic.
At the follow-up 341, he did show, so the 341 is out of the way. My case will probably be dismissed b/c of the credit counseling time limit.
This attorney is an older gentleman, probably 80, has his own practice. I retained him b/c he has a lot of experience, I thought my case would be simple, blah blah blah.
Although I have asked repeatedly, he hasn't submitted a contract. Can I get my money back?