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My BK 11 lawyer did not deliver what he promised me. He said that he will extinguish my HELOC on my owner occupied home but

Las Vegas, NV |

Instead he waited 2 years to file for my plans and disclosures which I gained an equity on my first mortgage. I withdrew from my BK 11 and would like to get my money for the retainer $7500.

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Filed under: Chapter 11 bankruptcy
Attorney answers 3


There is not enough here to determine whether you would have a claim or not.

I've filed Chapter 11 plans shortly after filing, and more than two years into a case.

We *seem* to have now settled on the date of confirmation as the date for valuation, and it is correct that if the home becomes worth more than the 1st, the second cannot be removed.

There are other issues in an 11, though--who was identified as a likely consenting creditor going in?


It does sound like he messed up but that is only your point of view.

I would recommend that you talk to him about getting part of your money back. It's not fair that he did a lot of work for you and for him to get paid nothing. However, if he did not deliver on his promises (he shouldn't be promising anything) then maybe he needs to give some of the money back to you.

Two years of work for $7,500!? That is a steal. If I worked on your case for two years your bill would not be less than 50,000 and that's a low number!

Talk to him or maybe just let it go.

Be sure to designate "best answer." If you live in S. California, you may call my firm for a consultation 818-507-6000. The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here. Please visit my web site: for more information about my services.


If this attorney filed a Chapter 11 for you for $7,500, it was a warning that this was a completely inexperienced Chapter 11 attorney. I don't know any competent Chapter 11 case that can be filed for less than $20K. Hope this perspective helps!

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