how to get back attorney fees?

[jpntx]

Hello all,

Me and my wife were talking to a lawyer and we did the means test and we passed the first means test, and then we paid the lawyer the fees to file chapter 7. 2 weeks later they came back and said we didn't pass the means test because my wife doesn't have a drivers lic. just a I.D... The lawyer thought she had a liscense and gave us credit for the second car, and now that he asked for our I.D's he found out she only had a I.D. and not a drivers license. How can I get the bankruptcy filing fees back from the lawyer. We paid the lawyer $300.00 for the means test and $2,200.00 for filing the bankruptcy. How do I get the fee's back??

Thanks for the input,
jpntx

[HHM]

1. Have you filed BK.

2. If not, have you asked?

[TEW]

You can ask but i know my contract said the fee were nonrefundable.
Is the lawyer saying you need to file chapter 13?
If you fire the lawyer is that going to fix your financial problem?

[JRScott]

Sadly he's probably telling the truth. Most states only allow 1 vehicle per licensed driver in the home.

If you have not filed yet, is she able to get a driver's license?

Basically at this point to help your financial situation look at the numbers, make sure you've not forgotten anything in your expenses. Can you make up the car payment expense in other areas. Ask the lawyer if he thinks that might be possible but be ready to prove such expenses if asked to do so.

Also if he's not filed it yet as HHM says you might could ask for it back but I'd try working with the lawyer first see if there is some way.