QUESTION
Can we ask to have the case dismissed and start over with new attorney?
Asked on Jul 08th, 2013 on Bankruptcy - Colorado
More details to this question:
We filed our chapter 13 in April 2012; our case has yet to be confirmed. The trustee is holding over $25K in payments because we can't seem to get it confirmed. We feel our lawyer has dropped the ball and we have another lawyer in mind that may help us. I might add that our current lawyer does not return phone calls or emails. We just found out from the court (not from our lawyer) that they are raising our payments by $400 in steps.
9 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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You have the right to fire your current attorney and talk to a new attorney, but before doing so see what you can do with your current attorney. It may be that your attorney is in over his/her head.
Answered on Jul 11th, 2013 at 7:22 PM
Yes, you can file a motion to dismiss your case voluntarily at any time. You should talk to the other lawyer you have in mind, and discuss with that lawyer whether you should dismiss and re-file, or whether you can stay in the current case and get it confirmed after the new lawyer takes over your case.
Answered on Jul 11th, 2013 at 4:52 PM
Regulatory Attorney serving Spokane, WA
Partner at
Deissner Law Office, P.C.
You can change attorneys and keep the bankruptcy going. You can also dismiss but it will cost more and there are other possible problems with dismissing and refiling, you should find a new attorney and ask him/her about it.
Answered on Jul 11th, 2013 at 12:49 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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The best way to handle it is to ask the future lawyer to replace the current lawyer and have the new lawyer decide whether the present case can be salvaged or whether a new case may be beneficial and guide you on how to do this. If this was not explained by the new attorney I would also be nervous about him or her.
Answered on Jul 11th, 2013 at 10:46 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can dismiss it or you can fire this attorney an hire a new one on the case.
Answered on Jul 11th, 2013 at 10:46 AM
Yes, you can ask that your Chapter 13 be dismissed. If you stop making payments, the Trustee will dismiss the case for you. In either event, local rules will determine how much of the money you have paid in is returned to you. For example, if you were making your car payments through the Plan, those adequate protection payments may have already been sent out.
Answered on Jul 11th, 2013 at 10:45 AM
General Law Attorney serving Cherry Hill, NJ
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Mark S. Cherry, Attorney at Law, PC
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You can motion for a voluntary dismissal but I would suggest a meeting with the attorney to clarify your concerns. You can change attorneys and keep the same case open.
Answered on Jul 11th, 2013 at 10:43 AM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
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Would not recommend dismissing, but simply have the new counsel file a substitution of attorney and have the new counsel file the proper amendments.
Answered on Jul 11th, 2013 at 10:43 AM
Deborah F. Bowinski
You ate free to dismiss your case at any time, however, it may be possible for a new attorney to step into your existing case by way of a substitution of counsel. You should consult with the new attorney to see whether you will be better off trying to salvage your current case or just to start again.
Answered on Jul 11th, 2013 at 10:42 AM