QUESTION
Can I fire her, hire a new attorney and put that creditor on my bankruptcy?
Asked on Aug 15th, 2016 on Bankruptcy - Wisconsin
More details to this question:
I filed bankruptcy and it was confirmed. During the time I was filing, I asked her to include our house in another state. She sent me an email basically asking me why I wanted to put that house into the bankruptcy. I responded back and told her that we needed to put it in there so that we can fix it up, rent it out and get that additional income. She said that would cost me an additional thousand dollars per month to which I responded I don't care and that I want it included. She did not put that creditor in my bankruptcy plan. I received documents from the attorneys for that property saying that they were not included in the bankruptcy. I have called her, emailed her, faxed her and even gone to her office. She has not returned any phone calls or made any contact with me. The house is about to go into foreclosure.
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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When you filed the bankruptcy, didn't you review and sign the documents? How did you overlook that the out of state house wasn't on it? A mortgage and a $1,000 a month extra payment is kind of a big deal. Since the plan is confirmed, you need to do a modification. I advise you hire another attorney, one that regularly does chapter 13s.
Answered on Sep 15th, 2016 at 10:50 AM
You are welcome to have another bankruptcy attorney take over and represent you, but understand you still pay the original attorney for the work performed in your case. Oh and BTW, if you put your rental property payments in the plan, all it will do is increase this mortgage payment by the size of the trustee commission. And perhaps get an objection to confirmation of a new Plan unless the rental income is profitable and covers the cost of the existing mortgage and the repairs in short order.
Answered on Sep 09th, 2016 at 11:25 AM
You can always choose to hire a different attorney, but you cannot expect it to be without cost to you. If you speak to another attorney, you can explore the possibility of making a malpractice claim against your original attorney if s/he did something wrong. But it is likely that you will have to pay something just to get another attorney to take your case.
Answered on Sep 09th, 2016 at 11:25 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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It takes no ghost come from the grave to advise you that you need a new lawyer. You certainly can fire a lawyer in the midst of a chapter 13, and when she files a proof of claim or a motion to be paid, you can object like crazy. You could also notify the United States Trustee for your federal district of her failure to carry out what appears to be a plain duty. You might also want to file a grievance with the entity which oversees lawyer discipline in your state. BUT, first be very certain as to why she is refusing to 'include' (not a clear word) the house in the BR. You are required to list all your assets and all your debts, and Courts generally (and should) take that duty very seriously.
Answered on Sep 09th, 2016 at 11:24 AM