QUESTION
Can I refile chapter 13 under a new attorney?
Asked on Jul 23rd, 2013 on Bankruptcy - Arizona
More details to this question:
My chapter 13 has not been confirmed thanks to my attorney. He is now telling me that my payment is tripled and has to be that way to be paid off in 60 months. If I can't pay this new amount the case will be dismissed in 7 days.
10 ANSWERS
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Yes, you can refile with a new attorney. However, there will be repercussions to filing quickly after your last filing. Discuss these issues with your attorney.
Answered on Jul 30th, 2013 at 8:34 PM
You can immediately file another Chapter 13 bankruptcy after the previous one was dismissed but it is very unlikely that your plan payment increased because of your attorney. It is more likely that your plan payment increased because your financial records showed that you had more money in your budget available to pay debt than you thought.
Answered on Jul 30th, 2013 at 8:34 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can discharge your attorney and hire a new one.
Answered on Jul 30th, 2013 at 8:34 PM
3 Awards
You should not let your case be dismissed. Refiling a case within a year has many different requirements and can give your creditors additional rights against you. You should find a different lawyer to take over your case IF you cannot work things out with your present lawyer. You can go to court and ask the judge for time to work things out with your lawyer or get a new lawyer. It is very important that you go to court and let the judge and the chapter 13 trustee know the problems that have encountered. I hope this works out well for you and you present chapter 13 case is approved by the court.
Answered on Jul 30th, 2013 at 8:34 PM
You can always retain another attorney, pursuant to your retention agreement with your current attorney. I cannot comment on the proposed payment. I will say that when an attorney proposes a payment plan, the Trustee will often ask for more. Just so you know, 60 months is the maximum time you can be in a 13, so that would be your lowest payment per month (assuming your attorney is right about how much you need to pay). Are you trying to get caught up on a mortgage?
Answered on Jul 30th, 2013 at 8:34 PM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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I would immediately consult with whatever new attorney you plan to hire to see what your best option is. Maybe you need to do a motion to modify the plan, maybe dismissal is best, etc. You won't know until you come in.
Answered on Jul 30th, 2013 at 8:34 PM
Litigation Attorney serving Stockton, CA
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Patrick Jay Edaburn
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You can always refile a case if no discharge has been issued though if you file to many the court may object. The key here is that if the math says you have to pay a certain amount then that amount is probably not going to change. With a Chapter 13 the payment is pretty much based on the math of what you earn less what the court allows for expenses.
Answered on Jul 30th, 2013 at 8:34 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but you need to make certain you are hiring a very good chapter 13 attorney.
Answered on Jul 30th, 2013 at 8:33 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
3 Awards
You have two (2) choices. Fire an attorney and hire an attorney under the present case. The problem is how to make payment to the new attorney as technically the new attorney may not be allowed to be paid outside the Chapter 13 Plan and may recommend (so he/she gets paid) filing a new case altogether, which can be quite expensive. Secondly, you could dismiss the case, hire a new attorney and file a new case but you would be forced to file an additional motion to extend the automatic stay via a hearing and have to explain the "substantial change of circumstances" that would make the new case more successful than the old. Why not pay another attorney for a consult to determine why your plan payments tripled? The Chapter 13 Trustee may be the cause of the increased plan payments and not your attorney.
Answered on Jul 30th, 2013 at 8:33 PM
Deborah F. Bowinski
You can certainly choose another attorney if you wish to. But it sounds as though the plan payments are being affected by factors beyond the control of your attorney. Depending upon what you are trying to accomplish, there may be no way to do it for a lower, more affordable payment. I'd you are trying to keep a home, keep a car, pay off tax debt or catch up on child support, etc. the punt of money that's at be paid to the trustee during your five-year plan will be determined by necessity. You should ask your lawyer to explain to you why the payments is increasing so much so you have a better understanding of whether another attorney could make a difference.
Answered on Jul 30th, 2013 at 8:33 PM