Atlanta, GA asked in Bankruptcy for Georgia

Q: I'm n bankruptcy do I have to still keep my attorney bn bankruptcy for years. The entire time

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

A: You should have an attorney at all stages if your bankruptcy proceeding.

Tim Akpinar agrees with this answer

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: From your question, I have to assume that you are in a Chapter 13 proceeding, and that your plan, by now, has been confirmed. Implicit in your question is whether you may be liable for additional attorneys fees.

Until recently, in most cases, a debtor's attorney was "stuck" with the fee to which he and the debtor had agreed up front. Within the past year, a US Court of Appeals has handed down an opinion that an attorney may be entitled to an additional fee, earned after confirmation of the Ch. 13 Plan, upon application to the court, and the court's approval of same.

Multiple matters may arise post-confirmation (e.g., change of financial circumstances/modification of Plan) for which you are best advised to have an experienced bankruptcy attorney.

That said, you do have the right to substitute a different attorney, if you reach agreement about fees and cost with new counsel and upon application to the court (if you are somehow dissatisfied with current counsel).

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