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Can my attorney keep my money if they didn't file my bankruptcy?

Can my attorney keep my money if they didn't file my bankruptcy?

Full question:

Almost 1 year ago I went to an attorney in Knoxville and paid her $1175.00 to file Bankruptcy for me. She took my money and never filed the Bankruptcy, she always came up with one excuse after another why she couldn't file it. I did everything she asked me to do. After all this time I don't want her as my lawyer so I asked for my money back and she refuses to refund any of it. Can she keep my money?

Category: Courts
Subcategory: Attorneys
Date: 04/07/2025
State: Tennessee

Answer:

This situation depends on the terms of your agreement with the attorney and the specific facts involved. It's advisable to write a letter requesting a refund or an explanation of why she will not return any of your money, particularly if it was not earned.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What disqualifies you from filing bankruptcies?

Certain factors can disqualify you from filing for bankruptcy. These include having income above the state median, failing the means test, or having previously filed for bankruptcy and not waiting the required time period. Additionally, if you have committed fraud or failed to complete credit counseling, you may also be disqualified. It's essential to review your specific circumstances with a qualified attorney to understand your eligibility.

What makes you eligible to file bankruptcies?

To be eligible to file for bankruptcy, you generally must meet certain criteria. This includes having a regular income, passing the means test, and completing required credit counseling. Different types of bankruptcy, such as Chapter 7 or Chapter 13, have specific requirements regarding income levels and debt amounts. Consulting with a bankruptcy attorney can help clarify your eligibility based on your financial situation.

What assets can you lose in Chapter 7?

In a Chapter 7 bankruptcy, non-exempt assets may be liquidated to pay creditors. This can include valuable items such as second homes, luxury vehicles, and certain investments. However, many essential assets, like your primary residence, basic vehicle, and necessary personal belongings, may be protected under state exemption laws. It's crucial to understand which assets are exempt in your state to assess what you might lose.

What cannot be wiped out by bankruptcies?

Certain debts cannot be discharged in bankruptcy. These typically include student loans, child support, alimony, and certain tax obligations. Additionally, debts incurred through fraud or willful misconduct are also non-dischargeable. Understanding which debts remain after bankruptcy is vital for making informed financial decisions.

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