how to change lawyers during a bankruptcy chapter 13?
the one i have seems unprofessional, doesn’t communicate well with me and give updates. i want get a new one, but we have already been to the 341 meeting a couple weeks ago and are awaiting the payment plan and confirmation hearing. is there a way i can change lawyers? what will be the process if i do at this point? thanks for any help on this
February 1st, 2010 at 12:14 pm
I work for a bankruptcy attorney filing a bankruptcy case is a hurry up and wait process. You will receive a notice from the courts when your plan is confirmed and what your payment will be, your attorney will get this about the same time you do. I am sure that your attorney will notify you when he gets it. There really isn’t updates to talk to you about until this happens and this can take anytime after the 341 meeting. In bankruptcy the reality is just sit back and relax and DO NOT PANIC. You will receive allot of info from the courts and from the trustees again do not panic unless your attorney calls you and tells you to panic. Chances are you will get an objection from the trustee. Usually this is worked out between your attorney and the trustee.
But if you want to change its really no problem just go to another attorney advise them you are not happy and you want to change when this attorney agrees to accept your case you need to notify your other attorney in writing that you no long need his assistance in this matter and request your file. But be ready to pay again.
February 1st, 2010 at 12:14 pm
Just go ahead and hire a new lawyer. Your new lawyer will tell you exactly how he wants to handle it. Usually your new lawyer will have you send a letter to your old lawyer stating that you have decided to change council. The new lawyer will notify the court that he now represents you. The court will have you sign a paper confirming the new lawyer.
By all means if you’re dissatisfied do not hesitate to change lawyers. People seem to be afraid to do it but it happens all the time. It is an easy painless procedure. In all probability your old lawyer will call you asking what he did wrong and promising not to do it again. My advice, don’t believe him. I fired a lawyer last year, nothing related to bankruptcy though. Same reason as yours. He didn’t keep me advised about how the case was progressing. He also did some things on his own without consulting me first.
I just read Redenz40s response and I agree but lawyers don’t seem to appreciate how anxious their clients are about how things are going. I told my lawyer to call every couple of weeks even if nothing is happening to let me know nothing was happening. I got just tired of calling to ask or being told something happened last week but he didn’t have time to let me know.