QUESTION

What happens if we cant be represented in court for a bankruptcy file?

Asked on Jul 25th, 2011 on Bankruptcy - New York
More details to this question:
We received a letter on Saturday, that our Chapter 13 lawyer will not be able to represent us anymore. He advised us to get new counsel. We don't have anymore money to get another lawyer. We were trying to get an appointment to appraise our house to get rid of the 2nd on our house. Now we don't know what to do. We already have a court date on Sep. 02,2011, which we will show up to, but with out a lawyer. Do we still get the appraisal, and show up to court? We need help.
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9 ANSWERS

Obviously, you did not follow through with your lawyer, the court agreed, and the court released your lawyer. There are not too many lawyers who will try to assist you now, since you have proven you are not reliable. It may cost you more money, but this time you should cooperate with the requirements of the bankruptcy law.
Answered on Jul 29th, 2011 at 8:40 AM

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Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
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That is really tough situation since most lawyers don't want to get involved in cases already filed. You do not mention the reason the lawyer will not represent you anymore. Was it because he/she was suspended or disbarred? or was it because of a dispute with you? A lawyer cannot just stop representing a client in a court case without your written consent or a court order. In Chapter 13 most of the attorneys' fees are paid through the plan payments. There are lawyers who will accept a Chapter 13 cases with little or no payment before filing with all or almost all of their fees to be paid through the Plan payments. You definitely need to find a new lawyer and appear at the hearing unless you are able to hire another lawyer before the hearing date and that lawyer tells you not to go. If you cannot find another lawyer then go to the hearing and tell the judge what happened and most likely the court will continue your case and give you more time if you were diligent in trying to find another lawyer before the hearing. There are organizations of lawyers that may be able to provide you with a referral to a lawyer that will help you, particularly if the fact that your lawyer is no longer able to represent you is not your fault. You should contact the bar association of the County where you live for assistance if you are unable to find a lawyer on your own. Good luck...
Answered on Jul 26th, 2011 at 10:43 AM

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An attorney cannot unilaterally withdraw from representation. You can insist that he or she seek permission from the court. In the meantime you should insist on being able to look to the attorney for advice in your case.
Answered on Jul 26th, 2011 at 9:31 AM

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Trusts and Estates Attorney serving Jacksonville, FL
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You will need to find another lawyer or check with your local legal aid department to see if they can help.
Answered on Jul 26th, 2011 at 8:54 AM

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Bankruptcy Attorney serving Beverly Hills, CA
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You will probably need to have an experienced bankruptcy attorney help you with the lien strip motion. You may need to borrow money from a relative or friend (if that is possible) to help you do this.
Answered on Jul 26th, 2011 at 8:31 AM

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Glen Edward Ashman
Lawyers cannot just quit your case absent a motion and order from the judge (or your consent). If the attorney has done this without such approval, file a complaint with the state bar and your trustee (and seek new counsel).
Answered on Jul 26th, 2011 at 7:28 AM

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Bankruptcy Attorney serving Herndon, VA at Maureen O'Malley
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Did he give a reason? We're not allowed to bail on you when it puts you at a disadvantage, and we usually have to file a motion to withdraw. Did he already take.his full fee? Does he plan to refund you? You need answers. You need to show up, but try to get some answers from him, and perhaps file a motion in court against him leaving like this, and ask that hebe required to represent you or refund your fees. If you know who was going to do tje appraisal, it might be a good idea to have it done, but I don't think you can handle the balance of that process alone. Good luck!
Answered on Jul 26th, 2011 at 6:36 AM

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If the case has been filed, you definitely want to make sure that the trustee understands you are without counsel and wish to proceed in the plan; so, you should still get the appraisal and attend the hearing. You may not need any money to acquire a new attorney because many attorneys will accept being paid through the plan and could be retained and file a proof of claim with the court to be paid that way. You should call a bankruptcy attorney to see if you can find one who will do that.
Answered on Jul 26th, 2011 at 5:57 AM

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Bankruptcy Attorney serving Schenectady, NY
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The court will make the lawyer show up.
Answered on Jul 25th, 2011 at 3:12 PM

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