Placentia, CA asked in Bankruptcy for California

Q: Does a bk attorney see the debtor til the end of the bk? After 3.5 yrs my attorney has dropped my case? Is this legal?

Yes, it is a Ch13.Regarding the Retainer Agreement,unfortunately, my original documents were destroyed in a fire at my mother's house. About 1.5yrs ago I contacted her by email to request info on paperwork I had received from the trustee. At that time she informed me that she had 2children under the age of 2 &was too busy to con't practicing. She referred me to a friend of hers that she thought would take over my case WITHOUT up front cost. The gentleman informed me that he WOULD need $1k up front to take over my case. I'm not able to do that and he would not do payments for the first $1k. I contacted my original attorney and she was going to look into it & contact me with a different solution. I have emailed her since but no response. June 29th I made my last plan payment. I need help with my discharge. I completed the online Personal Financial Management course. What else do I need to do? Can I represent myself even though she is still listed as my attorney? Or do I need an attorney?

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1 Lawyer Answer
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: It depends upon your agreement with the attorney. You did not say the type of case you filed, but if it has been going on for 3.5 years and it is a personal case, it is likely a chapter 13. Did your attorney provide you with a Retainer Agreement at the start of the case that identified the terms of his representation? I specifically remain in any chapter 13 case that I file for a client until the case concludes and a discharge is entered since there are often ongoing issues that occur which require monitoring and handling. And what do you mean by "dropped your case?" Is he not responding to you? Did the attorney file a substitution of attorney replacing you "in pro per" (representing yourself)? More info would be helpful. In any case, you may want to consult with another chapter 13 attorney to make sure everything is proceeding properly. Also, the Chapter 13 Trustee has a website that you, as the Debtor can access to get information about your case.

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