QUESTION
What do I do if my bankruptcy case has been dismissed twice because of attorney error?
Asked on Dec 18th, 2014 on Bankruptcy - Michigan
More details to this question:
Now he won't call me back. What do I do? He sent someone else that we never met to our 341 hearing and it went terrible. Now our case is up for dismissal again for failure to provide the needed documents. We had everything and still do. Can I send it to the trustee myself? Should I find a new attorney? This is super stressful. We are doing everything we should on our end.
12 ANSWERS
Provide copies of everything to the Trustee with a note that you are looking for another attorney. Find an attorney who will substitute himself/herself for your current attorney in the case. If you have time, I would find the new attorney first, and let them supply the information to the Chapter 13 Trustee.
Answered on Dec 22nd, 2014 at 1:11 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
Yes, you definitely need to speak with the trustee. And with the United States Trustee in your district ( go to www.justice.gov/ust/ and look it up under Regions and Offices. Your attorney sounds like he/she has no expertise in bankruptcy and you probably deserve a full refund of any fees you paid.
Answered on Dec 22nd, 2014 at 7:30 AM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
You should send the documents and call the UST. You should also hire new counsel.
Answered on Dec 19th, 2014 at 6:36 PM
Derek W. Freeman
You can send the trustee all the requested documents. I would do this immediately - don't wait. If your case gets dismissed because of your lawyer's inaction, I would also recommend that you contact the attorney regulation counsel or the equivalent in your state. Tell them what your lawyer is (not) doing for you, and let them deal with your attorney as appropriate.
Answered on Dec 19th, 2014 at 12:22 PM
2 Awards
Hire another attorney to look at your case.
Answered on Dec 19th, 2014 at 12:22 PM
Probate Attorney serving Friendswood, TX
at
Law Office of Melissa A. Botting
Update Your Profile
You may provide your documentation directly to the trustee. You may also want to find another attorney. It is not clear if your case was dismissed and reinstated or dismissed and you re-filed. If you must re-file you may need to have a hearing to get the benefit of the automatic stay.
Answered on Dec 19th, 2014 at 12:21 PM
Deborah F. Bowinski
If your attorney is not calling you back you might consider trying an actual visit to the office. Don't leave until you speak with him. You are certainly able to retain a new lawyer, but that is likely to be expensive since a new lawyer will require a retainer before agreeing to step into an already existing case. I am sorry you are experiencing such difficulties. You are entitled to competent and attentive representation. Sometimes lawyers get busy with their many clients, and sometimes they are unable to return calls as quickly as their clients would like or expect. But this sounds different if you have truly provided all the necessary documents to your lawyer and he is still not attending to the matter.
Answered on Dec 19th, 2014 at 12:20 PM
A letter to the bankruptcy judge, US Trustee and the State Bar could get you your money back and result in the lawyer receiving appropriate punishment. Using an appearance attorney to attend the Trustee meeting is not uncommon and is not a reason to claim that the attorney made an error. Unfortunately, you didn't explain what that error was.
Answered on Dec 19th, 2014 at 12:20 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
1. You should seek another attorney. But perhaps first you should write an extensive, but polite, letter setting out what you think he failed to do and giving him the chance to fix it FAST. 2. If your lawyer is not filing documents which you have given him, then try to file them yourself, with an explanatory letter to the Clerk of Court. 3. If you refile after two dismissal in the prior year, you do not get the benefit of the immediate Automatic Stay, but you can move the Court to impose the stay. Good Luck.
Answered on Dec 19th, 2014 at 10:56 AM
You may send it directly to the Trustee no problem with that.
Answered on Dec 19th, 2014 at 10:55 AM
Real Estate Attorney serving Florence, KY
at
Linda S. Novakov & Associates, PLLC
Update Your Profile
Generally the Order to provide documents is directed to the Debtors. As that is you, I would send the necessary documents to the Trustee so that you are in compliance with the Court's order.
Answered on Dec 19th, 2014 at 10:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, find a new attorney.
Answered on Dec 19th, 2014 at 10:49 AM