QUESTION
What can I do if my attorney is not doing what she is supposed to?
Asked on Aug 21st, 2012 on Bankruptcy - Colorado
More details to this question:
I am three years into my chapter 13 bankruptcy. Within my bankruptcy, I had foreclosed on my house. In the past year, the mortgage company has called me at least once a week demanding I pay fees and such. They are obviously violating the automatic stay. I have stated this to my attorney quite a few times and she refuses to do anything about it. I have requested through my attorney an adversary hearing to address the violation of the stay, but she refuses to. I moved in March of 2012 and I have requested my attorney to change my address with the trustee's office quite a few times. Now it's August of 2012 and the address has not been changed yet. I have contacted the trustee's office about both issues and I have been told that my attorney has to take care of all the issues. I am not entirely sure what I can do.
7 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
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Fire the attorney, get a new one and explain the situation in detail.
Answered on Jul 08th, 2013 at 12:06 AM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
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You need a new attorney.
Answered on Aug 27th, 2012 at 12:40 PM
You can fire your attorney and hire a new one. Or you can become your own attorney.? Both things would be accomplished by a substitution of attorney.
Answered on Aug 27th, 2012 at 12:40 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You can file a bar complaint with the State Bar of Arizona. But, before you do that send your attorney a summary of all your requests and her failure to comply. Give her one more chance to fix these problems. Also, give her a deadline to fix them or you will file a complaint with the State Bar.
Answered on Aug 21st, 2012 at 3:17 PM
Keven A. McKenna
Is it the servicer or the mortgagee calling? Pay your lawyer the money needed to file an adversary proceeding. Normally, chapter 13 petition fees do not cover adversary proceedings.
Answered on Aug 21st, 2012 at 3:17 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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Report her conduct to the State Bar and change attorneys.
Answered on Aug 21st, 2012 at 3:14 PM
Daniel James Wilson
First, you can change your address with the trustee. Second, your attorney's job was complete when your plan was confirmed. She may not wish to get involved with the automatic stay issue. Why don't you talk to some other attorneys and see if someone wants to take your case. You will have to pay.
Answered on Aug 21st, 2012 at 3:13 PM