We we were advised by other attorneys we may not qualify. We initially were consulted by one attorney at this firm, and 6 mos later we learned that attorney was no longer with the firm and they gave our file to a different attorney. Other than instructing us to do an assessment of our finances online (which we never did), we had no other interaction with this attorney, and she has never engaged us further. We paid an $800 retainer, and we decided not to pursue the Chapter 7. Are/Will we be able to get our money back? Is there a statute of limitations on this type of thing?
This will largely depend on the agreement between the attorney and yourself, the work that the attorney did on your case, and the amount that you paid the attorney.
The best thing to do is to first review your representation agreement and then speak to your attorney about the work that he/she did towards your case.
The only way to find out is to ask the attorney. You will have signed an agreement which likely had a provision as to what happens to the retainer if you decide not to proceed. There will probably be an administrative fee of some sort, at least, to cover the attorney for time and administrative cost in opening and then closing your file. Just based on what you say here, it seems that you have still not got a solid answer regarding what to do with regarding the bankruptcy. I would recommend you address the issue and get a complete answer from an expert. That's just a thought, however, and goes beyond what you asked here. Good luck.
Attorneys handling bankruptcy cases are required to have written retainer agreements with all of their clients. You should have signed that agreement when you paid your initial fee and been given a copy to take home with you. That agreement should cover what happens if you choose not to go forward with your case and what you have to do to get a refund.
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