Q: I am interested in converting my Chapter 13 bankruptcy to a Chapter 7.
My attorney (the one who is representing me in the Chapter 13), wants me to pay her $3,000 to convert. I do not have $3,000, and I am aware that the court only charges a small ($25?) conversion fee. I understand that she wants to get paid for her work, which is understandable. However, I don't feel that I should be trapped in a Chapter 13 because I can't pay her fee. What options do I have?
A: You can always get a different attorney. I suspect the attorney has not gotten his/her Chapter 13 fee paid and wants to make sure he/she gets paid before converting.
Timothy Denison agrees with this answer
A: Hire another lawyer who is less expensive or you can try to do it yourself (not recommended).
If you simply cease to make payments to the Ch. 13 Trustee, that office will file its own motion to convert or dismiss, and you can appear at the resulting hearing and express your wishes, which will probably be granted.
It is more problematic if there is a wage garnishment in place that automatically deducts the Plan payment and sends to the Trustee.
You can always contact the Chapter 13 Trustee's office, up front, and advise them of your intent/desire.
There are ways you can force this issue, without paying your current attorney, but it is your best advice to speak to another experienced attorney of your choice first.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.