QUESTION
Can I fire my attorney and dismiss my bankruptcy due to his lack of communication?
Asked on Feb 12th, 2013 on Bankruptcy - Louisiana
More details to this question:
I decided finally in Oct 2012 to file bankruptcy due to a car repo (my ex husbands car I had Co signed on) and a few outstanding credit cards. I had talked to an attorney and stressed my concern that the bankruptcy would take my upcoming tax return as an 'asset' here assured me that I should go ahead and file before the end of the year or some of my debt may, not be dismissed. So on Nov 21st I went to my creditors meeting an met before the judge who told me he would need my tax returns as soon as I file ,to calculate what % would be given to creditors. I was shocked to know as a 'single' mother that my entire refund besides my eic would go to the trustee. My attorney re assured me there are exemptions we could take as well as that they 'couldn’t touch' any money related to my son. Sense then I received notice from the judge that I Would in fact ONLY be getting my earned income credit and what my attorney had told me is untrue. I have called my attorney many many times just to get clarification and all I get is a receptionist telling me he'll call me back or him telling me He’ll look over my taxes and 'call me back' Weeks go by and he never calls me back! I received my returns and need to give them over to the trustee but I feel not represented or that my attorney is 'to busy’, or has dropped my case. I’m thinking of dismissing the bankruptcy voluntary and re filing later if I need to. Is that an option? I had no idea how, low my debt is (12,000) and my refund id 4,000 I feel I could maybe settle with my creditors and have allot of debt wiped, out without filing now. Especially sense my attorney isn’t doing his job to answer my questions or represent me. Basically I’m dealing with the court myself (his job). All he did was file my paper work. Any advice, would be greatly appreciated and if I fire him could I get a partial refund?
8 ANSWERS
You can always fire your attorney and get a replacement. You could file a fee dispute with the Nevada State Bar for a refund.
Answered on Apr 01st, 2013 at 2:59 AM
Richard hirsh
You have a right to fire you attorney at any time. That does not give you the right to withdraw your bankruptcy petition. However, if you have a $4000 tax refund you might be able to keep it all if you apply your $4000 "wild card" exemption to that asset. Of course that depends on what other assets were declared exempt.
Answered on Feb 19th, 2013 at 1:07 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You didn't say whether you filed a chapter 7 or chapter 13. If a chapter 7, you probably can't get out. But I believe you could end a chapter 13. Sorry your lawyer is being uncommunicative.
Answered on Feb 18th, 2013 at 8:57 PM
Family Law Attorney serving Lansing, MI
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Osborne & Barrett, PLLC
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I sounds like your exemptions need to be amended so that you can keep the refund. It is hard to say what you should be without knowing everything. Maybe you could take the returns to the attorney and see what could be done. Otherwise have someone else review your bankruptcy documents to make sure there is room to exempt the refunds. This is not a difficult process. Most people in Chapter 7s do keep their refunds so the paperwork must be wrong.
Answered on Feb 18th, 2013 at 7:40 PM
Samuel Lee Tucker
Yes Notify court and trustee that you are representing yourself. Then dismiss your bankruptcy case. Send ex arty a bill.
Answered on Feb 17th, 2013 at 11:17 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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I suggest that you either write to the bankruptcy Judge or call The Florida Bar in Tallahassee.
Answered on Feb 17th, 2013 at 11:15 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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You can fire him...getting a refund is another matter. More importantly, if you filed a Chapter 7, you have no right to dismiss the case. You need to visit your attorney and demand to meet with him.
Answered on Feb 17th, 2013 at 11:14 PM
Landlord & Tenant Attorney serving Thibodaux, LA
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The Louque Law Firm, L.L.C.
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You probably cannot dismiss your bankruptcy because the trustee has determined your case is an "asset case." Your attorney probably cannot do a whole lot to keep your income tax refund because you are not entitled to keep it, except for the earned income credit, if the trustee wants it. The trustee can object to you receiving a discharge if you do not turn over the income tax refund.
Answered on Feb 17th, 2013 at 9:22 PM