for an attorney to take your money for a ch.7 knowing full well you won't qualify? I was thinking about this after another poster asked if they would qualify making 65 grand a year. I wonder how often it happens that attorneys know a person won't qualify for a ch.7, but they take the case anyway. I mean, if it goes to the trustee, and the trustee throws it into a ch.13, the attorney isn't out anything. In fact, the attorney would make more money that way, wouldn't they? Especially if the attorney then has to deal with the ch.13 for the client. I don't know what got me thinking about this, but I wonder how often it happens.
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I can't speak for every attorney, but generally, from the attorney's perspective you hire an him/her to represent you in "bankruptcy", not any particular chapter. Your circumstances dictate which chapter you file, not the attorney. All the attorney can do is explain to you, based on the information you provide, what will happen. It's the clients decision as to which chapter they will file.
So yes, if the client pays an attorney for the chapter 7, but ends up in a 13, the attorney really hasn't done anything unethical. Unless, the attorney did not provide enough info to the client so they could make an informed decision about which chapter to attempt.
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