QUESTION
What can I do if I can't afford chapter 13 payment and my attorney won't help?
Asked on Sep 04th, 2013 on Bankruptcy - Texas
More details to this question:
I saw a similar question here, but the answers didn't say HOW to change attorney's. We have filed chapter 13 and had our 341 hearing. My husband is commission only and works on boats. This year he is down $7K from this time last year. We have told our attorney this from our first meeting. When we found out that we had to pay 1280 starting now, he said not to worry about the payment and it would change when we had the next meeting in 3 months. We can't afford that and continue to tell him that. If we had 1280 disposable, we wouldn't have to file. He said he would create a step plan and hasn't. The trustee said for him to help us and use an estimated income for my husband and his office says we can't do that. His office and he will not return our calls and emails. We won't have the money to pay rent for October if we can't get something done. We don't want to have it dismissed and lose the money we have paid. But instead of helping us, his staff sent me dismissal paperwork. If it is dismissed, what happens to the money we have already paid that isn't disbursed yet? We need to talk to another attorney to get good advice and no one, including your 888# which I called tonight, will talk to us because we already have an attorney. How do we find one that will help us?
8 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You will have to have the attorney file a motion to withdraw, or you will have to file a motion to change attorneys. If you file it yourself, you will have to follow the rules of the bankruptcy court.
Answered on Sep 30th, 2013 at 2:38 AM
You have to first terminate and fire your current attorney in writing.
Answered on Sep 16th, 2013 at 5:43 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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Write a letter to your bankruptcy Judge that the attorney you paid to do your 13 will not talk to you or process your case. He will wish he never heard of you but I am sure the Judge will get on him or her and make them do their job or face Court sanctions. It sounds like your plan has not yet been confirmed. If your case gets dismissed before it is confirmed, the chapter 13 trustee will probably send the money to your attorney. The procedure for this varies from one Bankruptcy Court to the next. Call your chapter 13 trustee. First tell the chapter 13 trustee that your attorney refuses to do work on your case. Then ask the chapter 13 trustee what happens to your money if dismissed after confirmation. They know it is your money, so you may be able to get it sent to you. If you didn't pay much to start, your attorney who won't work for you will probably just take the money and claim he earned it. After your plan is confirmed, the chapter 13 trustee will disburse the money. Most will probably go to your present attorney for fees initially.
Answered on Sep 06th, 2013 at 5:14 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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It sucks when you don't have a good attorney (which appears to be the case for you right now). The way you get another attorney is to find one and tell them you want them to sub in for you. The other attorney has to accept and be ok with receiving payments through the plan (assuming you don't have a family member willing to pay them for you). It's complicated. At my firm, our paralegals do very little and our attorneys handle almost all the issues. Paralegals are not allowed to give legal advice! Many firms don't care and just let the paralegals handle it all. If you're in Southern California maybe you can give us a try but there are many people who I personally trust that do a good job (and many that I don't trust).
Answered on Sep 06th, 2013 at 5:14 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Sometimes an amount has to be paid in a chapter 13 case whether one can afford it or not to reach a goal that the client wants. Sometimes attorneys who receive a flat rate and do not charge by the hour will not respond to client phone calls as they do not make any more money for doing so. Sometimes attorneys do not wish to take over another attorney's case because the attorney that they replace may have messed the case up badly and there will be disgruntled clients that have lost their faith in attorneys in general and therefore will be difficult.
Answered on Sep 06th, 2013 at 5:13 AM
Deborah F. Bowinski
You are always free to retain substitute counsel. Attorneys must be very careful not to offer legal advice to someone who already has counsel, but if you make it clear that you are seeking a second opinion because you wish to fire your current lawyer and retain someone new you should be able to find someone to speak with. You should also expect to pay that person for their time and to be asked for a retainer before they will be willing to enter an appearance on your behalf.
Answered on Sep 06th, 2013 at 4:55 AM
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You find a new attorney the same way you found your current one. Ask around do your research and find a good attorney then contacted them. That attorney will contact your former attorney and do what needs to be done to get involved in the case.
Answered on Sep 06th, 2013 at 4:21 AM
If you are in the Dallas area, you can look me up.
Answered on Sep 06th, 2013 at 4:17 AM