• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Am I entitled to a partial refund?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TX, I make about $65,000 per year. I had numerous CC debts and a loan that I couldn’t afford to pay. I found a lawyer that assured me that I could file Chp 7, I just needed 6 months of paystubs with no OT
and to buy a $100/ month life insurance policy and provide my out of pocket medical bills, etc. I paid his fee of $2500 over the 6 months. When it was time to file and do another means test I didn’t qualify. He said that I needed to pay tithes of $250 per month for a year and try some other things to qualify. It’s already been 10 months, can I fire him and get a partial refund? It’s obvious that I make too much income, he wants me to spend money I don’t have just to get me to qualify. I’m sure they’ll be something else that stops me from qualifying and I’ve already wasted enough time. I can’t afford his suggested tactics and I’m not willing to go along with this another year. What can I do to try to get some of my $2500 back? He hasn’t filed with the courts because I don’t even pass the means test. It’s basically just been me sending in info.


Obvious Observer
1) Yes, you can "fire" him.
2) You can only be refunded the amount of the retainer left (if any) after invoiced hours are paid. You may end up owing.
You got yourself a real shyster there. Bankruptcy shouldn't cost more than $2000 (for most people) including the filing fees and you could have taken the means test yourself before you even hired him.

Fire him, ask for a refund. If he says no, file a complaint with the state Bar:


Before you go hiring another lawyer, google and educate yourself as to how Ch 7 and Ch 13 really work. You may have to resign yourself to filing Ch 13 for some relief but you still pay all or most of your debts.

Bankruptcy court forms are online. No reason you can't practice on them and get all your stuff in order before going to an attorney.

Sponsored Ad