Miami, FL asked in Bankruptcy and Divorce for Florida

Q: What do i do when my lawyer that is representing me says he needs more money to continue the day before trial.

I am the creditor in a bankruptcy case. I was offered a settlement and declined and needed to change the "language" 3 times.a good back and forth. The amount settle on kept going down....each settlement. I told my lawyer that I do NOT agree with that. He reply back was "The amount is a minor change." I feel like he is NOT helping me or cares.. He now tells me out of no where( 3 day written notice) when I thought we settled that there is trial- and today he needs payment to rep me.....the day before or he wont help me..... what do I do??? I cant pay him today- will I lose the whole case i have fought for for 5 months?? will I get a defaulted amount.

**This is a Divorce settlement- Family court order him to pay....then the EX claimed bankruptcy so he did not to pay. It wasn't classified as "alimony" just support payments we came to an agreement on the MSA ( martial agreement) which the family court said to pay. this is a 2 year battle in family court and over 5 months in bankruptcy.

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2 Lawyer Answers
David Luther Woodward
David Luther Woodward
Answered
  • Bankruptcy Lawyer
  • Pensacola, FL
  • Licensed in Florida

A: Your situation is difficult to analyze because of the paucity of "real" facts. You don't say what manner of creditor you are, nor do you give any basis for much of anything.

It seems a bit late to me to change counsel, but perhaps that is what you need to do. The Court may cut you some slack if your existing lawyer moves to withdraw.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Doubtful the court will let him withdraw at this late date, but if it does, they will give you a continuance to find and hire a new attorney.

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