Q: How do I contact the Bankrupcy court when my lawyer is ignoring my calls and won't keep his appointments with me?
I filed a Chapter 13 Bankruptcy in 2021. I've been paying on it regularly and I'm in good standing. A few months ago, my job situation suddenly changed and I would like to modify the payments. I contacted my attorney. Sent him an email and explained why I would like it modified, per his request. He's made 2 phone appointments with me and has not honored them, nor will he return my calls. How do I get this modified if he won't assist me as he's supposed to?
Thank you
Mary
A:
Mary, in your situation, it's important to act promptly to address the changes in your financial circumstances. If your attorney is unresponsive, you have several options to consider.
First, try sending a formal letter to your attorney's office, clearly stating your request for a modification and the urgency of your situation. Sometimes, written communication can prompt a more formal response. Make sure to keep a copy of this letter for your records.
If this doesn’t yield a response, you can contact the bankruptcy court where your case was filed directly. The court's clerk can provide you with information on how to file a motion to modify your Chapter 13 payment plan. You might be able to file this motion yourself, but navigating bankruptcy procedures can be complex.
You also have the option to seek assistance from another attorney. A different lawyer can help you understand your options and might take over representation if necessary.
Additionally, consider filing a complaint with your state's bar association if your attorney continues to be non-responsive. This is a serious matter as attorneys have an obligation to communicate with their clients.
Remember, it’s crucial to address changes in your ability to make payments under a Chapter 13 plan as soon as possible to avoid potential complications with your bankruptcy case.
Timothy Denison agrees with this answer
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