What can be done if I filed a chapter 13 in 2008, I just find out it was never discharged but I paid the attorney $3000 for a job he never finished? 7 Answers as of June 01, 2017

I paid for something that was never done. I want my money back!

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
If you filed a Chapter 13, then there was a lot of work that was done by your attorney. The fee you paid doesn't guarantee the case will succeed and is less than a completed chapter 13 in my location would cost. Usually, the balance of the fee is included in your plan payments. There are many factors that determine if you receive a discharge including your completed plan payments. In my opinion, you need to read the fee agreement that relates to the case and see what it says about your fees and what you paid. If you paid more than your attorney earned, then write and ask for a refund of the unearned fees. You could also talk to your attorney and ask about what happened. That case was about 9 years ago and even though you didn't receive a discharge, the debts are likely beyond the statute of limitations. Before you respond to any creditors talk to your attorney or a knowledgeable debt defense attorney in your location.
Answer Applies to: California
Replied: 6/1/2017
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Looks like you'll need to file with a new attorney. Sorry, no other ideas.
Answer Applies to: Colorado
Replied: 6/1/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Did you not receive a discharge for failing to take the second class? The case can be re-opened (filing fee 240.00) so you can file a certificate of completion. The court will then grant you a discharge. Ironically, any debt you had left from that time period has expired by the Statute of Limitations in California.
Answer Applies to: California
Replied: 6/1/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
I would need to know more, but generally, lawyers do not guarantee results. Might help had you said why the case was dismissed and not discharged. Most of the time this happens, it is because the client does not make payments to the trustee, does not turn over tax paperwork and refunds, and does not complete the second financial management class. Typically, the attorney has performed all the work and the client has dropped the ball.
Answer Applies to: Nevada
Replied: 6/1/2017
OlsenDaines | Rex Daines
If you completed all of the requirements of the chapter 13, then reopen it and have the court enter a discharge. If that already did not happen, there must have been something missing: Either you did not pay off the case or you did not complete the financial management course. It is possible, but extremely unlikely, that your attorney failed to do something. Even if he did, you are probably beyond the 6-year statue of limitations to sue him for breach of contract as any attorney failure would have happened in 2008. It is strange you are just realizing this 9 years after the case was filed. It might be worth paying an attorney to review the court docket and your current credit report and let you know what your current options are.
Answer Applies to: Oregon
Replied: 6/1/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First, contact the lawyer and ask him if you were discharged or not. If not ask her or him why. Give him or her a chance to fix any mistake he may have made, o or tell you how to fix any mistake you may have made.
    Answer Applies to: Wisconsin
    Replied: 5/30/2017
    Ronald K. Nims LLC | Ronald K. Nims
    Why was the discharge never granted? Did you stop making payments or otherwise fail to complete the plan. Then it's not the attorney's fault. If you meet all the requirements and your attorney failed to do his/her job. Then you are owed a refund.
    Answer Applies to: Ohio
    Replied: 5/30/2017
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