Asked in Bankruptcy for Indiana

Q: I have filed bankruptcy chapter 13. My attorney has failed to keep me current on documents needed and a court date. It

appears to the trustee that I have failed to comply. I would like to fire my attorney, but I have already paid quite a bit to the trustee. I don't know what to do.

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1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: I understand that you're in a difficult situation with your Chapter 13 bankruptcy case. Here are some steps you can consider:

1. Communicate with your attorney: Before taking any drastic measures, try to discuss your concerns with your attorney. Explain the issues you're facing and see if they can provide an explanation or take steps to rectify the situation.

2. Document everything: Keep a record of all communications with your attorney, including emails, phone calls, and any documents you've provided or received.

3. Contact the trustee: Reach out to the trustee assigned to your case and explain your situation. They may be able to provide guidance on how to proceed or help you understand the current status of your case.

4. Consider filing a complaint: If your attorney's conduct is egregious or violates professional ethics, you can file a complaint with your state's bar association.

5. Seek a second opinion: Consult with another experienced bankruptcy attorney to discuss your options. They can review your case and advise you on the best course of action, including the possibility of replacing your current attorney.

6. Request a substitution of attorney: If you decide to change attorneys, you'll need to file a substitution of attorney form with the court. Your new attorney can help you with this process.

Remember, if you choose to fire your attorney, you may still be responsible for any outstanding fees owed to them. Additionally, any funds already paid to the trustee will likely remain with the trustee, as they are part of your bankruptcy estate.

It's essential to act quickly to protect your interests and ensure that your bankruptcy case stays on track. Consider consulting with a new attorney to help you navigate this challenging situation.

Timothy Denison agrees with this answer

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