QUESTION

Do I still need an attorney if I'm in a Chapter 13 bankruptcy case now where I am currently making payments and if so, what for?

Asked on Feb 24th, 2017 on Bankruptcy - Washington
More details to this question:
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5 ANSWERS

Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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To manage the case and because there are documents which have to be filed at the end of the case to receive a discharge.
Answered on May 09th, 2017 at 7:22 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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I recommend keeping your counsel. There are further documents that need to be filed and your counsel should be reviewing the Docket for Proof of Claim, making sure no other Motions are filed and a litany of other functions.
Answered on May 09th, 2017 at 7:22 PM

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The answer depends on the particular facts of your case. A very simple case, without challenges to your right to a discharge, or to the discharge of a particular debt, might not require a lawyer.
Answered on May 09th, 2017 at 7:21 PM

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Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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Chapter 13 cases last 3 5 years. During that time there are items that come up. Tax refunds, missed payments, auto repairs, and illness to name a few. Having the lawyer and communicating with him/her can solve some of these problems before they become problems. Sometimes creditors do not apply payments as directed. We recently had a case where $74,000 payments were not credited. We were able to solve the problem in a couple of hours and get a response filed. It took comparing Chapter 13 records with what the creditor filed. If the client had to find an attorney, get them up to speed, and then file something, the problem could have escalated.
Answered on May 09th, 2017 at 7:20 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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In Chapter 13, your attorney is typically paid to represent you on the usual and ordinary events during the life of your Plan. So say the trustee moves to dismiss your case because your plan payment is late- your attorney can point out what needs to happen and smooth things over. Or that you forgot to turn over your tax paperwork and any refund check. How do you solve this problem without help. Yeah, the attorney may charge you a little extra because you got yourself into this situation by not paying attention. But at the end of your case, when you made all your payments and the trustee completes the audit of your file, a certificate of compliance needs to be filed. No COC, no discharge! Your attorney is obligated to prepare that certificate as part of the flat fee agreed to at the beginning of your case.
Answered on May 09th, 2017 at 7:20 PM

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