QUESTION
What are my options when my attorney for my Chapter 7 bankruptcy withdrew?
Asked on Jul 16th, 2014 on Bankruptcy - Virginia
More details to this question:
I filed Chapter 7 bankruptcy and my attorney withdrew. My hearing has been reschedule. What are my options?
13 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Hire another attorney.
Answered on Jul 21st, 2014 at 4:47 PM
Why did your attorney withdraw? You can proceed without counsel, find an attorney to specially appear, or hire a new attorney. You'll have to determine what makes the most sense for you.
Answered on Jul 21st, 2014 at 10:07 AM
You can try to retain another attorney or handle the hearing yourself.
Answered on Jul 18th, 2014 at 8:03 AM
One cannot voluntarily dismiss a Chapter 7, so you need to plan to go to the hearing. It is possible to represent yourself some people do but if there was some serious misrepresentation that caused your attorney to withdraw, it may be advisable for you to get another attorney, perhaps someone with criminal law experience, before you go to the hearing. If you hire another attorney, you must be honest and candid with them about the reasons for the other's withdrawal. If you don't hire another attorney, just remember that you are sworn to tell the truth but you also have the right to assert the fifth amendment if there is a chance of incriminating yourself. If the trustee is not satisfied with your answers, another hearing could be scheduled and you might again consider retaining another attorney.
Answered on Jul 18th, 2014 at 3:47 AM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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My suggestion is to find competent counsel to replace the attorney who withdrew.
Answered on Jul 18th, 2014 at 3:47 AM
Hire another attorney, asap.
Answered on Jul 18th, 2014 at 3:46 AM
Family Law Attorney serving Indianapolis, IN
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Arany & Associates
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If your are "in trouble," your best option is to hire another bankruptcy attorney. Another option is to consult with a bankruptcy attorney about the problem and see if the attorney thinks you can handle it on your own. Of course, handling it on your own is cheaper. Your third option: Call the trustee and see what the trustee wants from you; i.e., decide without talking to an attorney to see if you can handle this on your own. That last option is dangerous, but if you aren't aware of having done anything wrong, less dangerous!
Answered on Jul 18th, 2014 at 3:46 AM
You may either hire a new attorney or proceed without an attorney.
Answered on Jul 18th, 2014 at 3:46 AM
Deborah F. Bowinski
You can either represent yourself or try to retain substitute counsel. You could also try to get the case dismissed, but there is no automatic right to dismiss a chapter 7 case. More important to my mind is WHY your attorney withdrew - usually it takes court approval and there must be a good reason for the judge to allow withdrawal from an active case.
Answered on Jul 18th, 2014 at 3:45 AM
You can retain replacement counsel or you can continue without an attorney.
Answered on Jul 18th, 2014 at 3:45 AM
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA
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The Law Offices of Peter M. Lively
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You can proceed pro se (without counsel) or hire new counsel to substitute into your case to assist you.
Answered on Jul 18th, 2014 at 3:44 AM
Debt Settlement Attorney serving Chicago, IL
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Law Offices of Daniel J. Winter
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Some of the answer depends on why your attorney withdrew. Call another attorney to discuss your situation now, before it's too late.
Answered on Jul 18th, 2014 at 3:44 AM
You can proceed on your own or speak to another attorney and see if they will agree to substitute in as counsel.
Answered on Jul 18th, 2014 at 3:43 AM