how can i get 2000.00 for my bandruptcy attorney

Second, you can sue your attorney for at least a portion of the $2,000.00 you paid up front if it is not paid to you upon your discharging the attorney and requesting the money back.

Full Answer

What to do if a lawyer refuses to pay you back?

What happens if an attorney is not a reasonable fee?

How to tell a client that nothing was done?

Can you sue a lawyer for a delay in a deposit?

Can an attorney take money from a client?

Can you get a refund from an attorney?

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About this website

What is it called when you can't afford a lawyer?

If you cannot afford a lawyer, legal aid may be able to help you. There are legal aid offices (also called legal services) throughout the United States. Legal aid offices are not-for-profit agencies that provide free legal help to people who cannot afford to hire a lawyer.

How much money can I have Chapter 7?

If you declare bankruptcy, will you lose literally every dollar that you have in your savings? The answer is no: some cash can be exempted in a Chapter 7 case. For example, typically under Federal exemptions, you can have approximately $20,000.00 cash on hand or in the bank on the day you file bankruptcy.

How much debt should you have to consider bankruptcy?

No minimum amount of debt is required to file for either Chapter 7 or Chapter 13 bankruptcy. Still, it's important to think carefully about your financial situation and all of your options before taking such a significant step. Make sure that bankruptcy is truly the only solution.

What is the downside of filing for bankruptcy?

The downsides to filing for bankruptcy include a damaged credit score, a possible loss of property and difficulties with acquiring loans in the future. The upsides include keeping your property, no longer receiving calls from collections and an opportunity to regain control of your financial life.

Do they freeze your bank account when you file Chapter 7?

Some banks will freeze your account as soon as they find out about the bankruptcy. They do it to protect the assets for creditors. In most cases, you or your attorney can ask the bankruptcy trustee to contact the bank and release the freeze. The trustee will likely do so if you're entitled to the funds.

Can I spend money after filing Chapter 7?

Frivolous spending after you file could put your case in jeopardy. Spending money willy-nilly after you file for bankruptcy could appear like fraud and upend your court ruling.

What is hardship relief?

The Foundation provides financial grants to reduce the hardships of Justice Federal Members, and members of affiliated associations, and to their immediate families. It also may provide hardship grants to individuals, and organizations in the greater law enforcement and justice community.

What debts are not discharged in bankruptcy?

Examples of other non-dischargeable debts in a Chapter 7 bankruptcy case include:401k loans.Other government debt such as fines and penalties.Restitution for criminal acts.Debt arising from fraud or false pretenses.Debts you intentionally did not include in your bankruptcy forms.Damages related to a DUI accident.

How many times can you file bankruptcy?

Legally speaking, a person can file for bankruptcies as many times as they want. However, the process becomes more restrictive. With a second bankruptcy, you will not qualify for an automatic bankruptcy discharge in nine months.

What options do I have besides bankruptcy?

Bankruptcy AlternativesDebt Settlement. ... Debt Consolidation. ... Sell Assets. ... Credit Counseling. ... Borrow Money from Friends or Family. ... Find a Way to Earn Extra Income. ... Restructure or Refinance Your Mortgage. ... Lower Expenses Making Changes to Your Budget and Lifestyle.More items...

Why do people resort for bankruptcy?

Most bankruptcy filers (40%) have lost their employment or otherwise experienced a significant decrease in their income, causing problems with debts and bills. Other reasons include overspending (25%), medical crises (19%), divorce (9%), being widowed (2%), and dealing with addictions (1%).

Are there any benefits to bankruptcies?

By far the most important advantage is that debtors may obtain a fresh financial start. Consumers who are eligible for Chapter 7 may be forgiven (discharged from) most unsecured debts.

How much cash can you keep when filing Chapter 7 in NY?

The total limit of $11,975 is reduced by the amount of cash that you are exempting in the $6,000 exemption listed above. For example, if you have $2,000 in cash, you can only exempt up to $9,975 in clothing and furnishings. This exemption is also only available if you are not using the New York Homestead Exemption.

How is Chapter 7 means test calculated?

Total average monthly payment for all mortgages and other debts secured by your home. To calculate the total average monthly payment, add all amounts that are contractually due to each secured creditor in the 60 months after you file for bankruptcy. Then divide by 60.

What is the income limit for Chapter 7 in Virginia?

Virginia Chapter 7 Bankruptcy Income Limit# of PeopleAnnual Income1$67,9182$86,8053$102,8694$121,7935 more rows•Jul 13, 2022

How much cash can you keep in Chapter 13?

If you have a lot of cash on hand that you want to preserve during bankruptcy, filing Chapter 13 may be your best bet. Chapter 13 allows you to keep all of your assets, even if you have $1 million in cash in the bank.

What to do if a lawyer refuses to pay you back?

You can demand your money back and, if he refuses, contact the Bar Association and file a complaint. This step nearly always gets your money back, rather than having to sue and spending more money.

What happens if an attorney is not a reasonable fee?

If you disagree with what the attorney claims for his or her time, costs or expenses, there is a procedure to mediate the dispute or you could sue.

How to tell a client that nothing was done?

I tell my clients "you live your life, I will take care of your legal problems". Send him a certified letter. Tell him you want your file, an accounting of what has been done and what was billed, and a refund. If he does not respond within 20 days, refer him to your local grievance committee.

Can you sue a lawyer for a delay in a deposit?

The simpler solution is to fire your attorney and demand return of your deposit. You can only sue if the delay has somehow prejudiced your rights.

Can an attorney take money from a client?

Attorneys often take money from their clients up front and put them into a client trust fund account. It does not mean that the money has been spent on his or her legal services. As he or she does work on your file, the amount charged is deducted from that money in escrow. I would just contact the office and ask them for the money and see what happens.

Can you get a refund from an attorney?

Before you sue the attorney, request a refund. If the attorney has done some work on the case, he may not refund the entire fee. He may explain what he has done and you may decide to let him continue. If you and the attorney cannot agree on an amount of earned fee and refund, there is a procedure through the state bar to resolve fee disputes between attorneys and clients.

Do I have any non-exempt assets?

Do I have any non-exempt assets? Each state has created a list of assets considered to be protected or "exempt" from creditor attachment or seizure, and thus, from your trustee in bankruptcy.

If I have non-exempt assets, what options do I have?

If I have non-exempt assets, what options do I have? Your attorney must advise you that these items are non-exempt and guide you through the five possible strategies for handling the non-exempt asset, such as making an offer to the Chapter 7 trustee or liquidating the asset under legally permissible conditions prior to filing.

Do I have any preferential payment issues?

Do I have any preferential payment issues? A preferential payment is a payment to one creditor at the expense of or in absence of payments to other creditors.

Are any of my transfers in the past two years possible fraudulent transfers?

Are any of my transfers in the past two years possible fraudulent transfers? You probably have tried to avoid bankruptcy and in doing so may have had some yard sales or sold assets to raise money to pay bills or even to get by.

Do I pass the means test? In other words, do I qualify for chapter 7?

Do I pass the means test? In other words, do I qualify for chapter 7? Your attorney should review your income and review your paystubs at the Initial Consultation to determine whether you qualify for Chapter 7 bankruptcy. If your circumstances may change prior to filing, then timing could be an issue to be considered.

How many 707b objections have you handled? What were the circumstances and who prevailed?

How many 707b objections have you handled? What were the circumstances and who prevailed? Most lawyers will encounter an objection to a Chapter 7 case over the course of representing clients in bankruptcy.

If a chapter 13 is recommended, what is the estimated monthly Plan payment?

If a chapter 13 is recommended, what is the estimated monthly Plan payment? I am astounded that some attorneys fail to provide an estimated Chapter 13 payment at the Initial Consultation.

What to do if a lawyer refuses to pay you back?

You can demand your money back and, if he refuses, contact the Bar Association and file a complaint. This step nearly always gets your money back, rather than having to sue and spending more money.

What happens if an attorney is not a reasonable fee?

If you disagree with what the attorney claims for his or her time, costs or expenses, there is a procedure to mediate the dispute or you could sue.

How to tell a client that nothing was done?

I tell my clients "you live your life, I will take care of your legal problems". Send him a certified letter. Tell him you want your file, an accounting of what has been done and what was billed, and a refund. If he does not respond within 20 days, refer him to your local grievance committee.

Can you sue a lawyer for a delay in a deposit?

The simpler solution is to fire your attorney and demand return of your deposit. You can only sue if the delay has somehow prejudiced your rights.

Can an attorney take money from a client?

Attorneys often take money from their clients up front and put them into a client trust fund account. It does not mean that the money has been spent on his or her legal services. As he or she does work on your file, the amount charged is deducted from that money in escrow. I would just contact the office and ask them for the money and see what happens.

Can you get a refund from an attorney?

Before you sue the attorney, request a refund. If the attorney has done some work on the case, he may not refund the entire fee. He may explain what he has done and you may decide to let him continue. If you and the attorney cannot agree on an amount of earned fee and refund, there is a procedure through the state bar to resolve fee disputes between attorneys and clients.