how do i fire a bankruptcy attorney

What to do if your bankruptcy lawyer is not competent?

But if your attorney doesn't have the level of competence required to handle your case, then it is time to fire your bankruptcy lawyer.

What to do if you need to replace a bankruptcy lawyer?

If you must replace your bankruptcy lawyer, make sure to choose a bank ruptcy attorney who can substitute in and handle your case effectively. When meeting with potential attorneys, give as much information about your case as you can and question the attorneys about their experience in handling similar cases.

What happens if an attorney doesn't answer your questions?

If your attorney repeatedly fails to return your calls or emails and keeps you in the dark about your case, you may be dealing with an incompetent attorney.

What happens if my attorney doesn't show up for a bankruptcy hearing?

Your Attorney Misses Meetings or Hearings. If your attorney does not show up for scheduled appointments or bankruptcy hearings, it is a big red flag. Failure to appear at bankruptcy hearings can cause unnecessary delays or result in dismissal of your case.

What happens if my bankruptcy attorney isn't providing me with competent representation?

If your bankruptcy attorney isn't providing you with competent representation, it might be time for a new lawyer. Read on to learn more about the red flags that could indicate it's time to replace your attorney.

Why do you need an attorney for bankruptcy?

The purpose of hiring an attorney is to take the mystery out of the bankruptcy process and make sure that your case proceeds smoothly. It is your attorney's job to inform you of everything that you must do throughout the process. Failure to do so could indicate a lack of knowledge and competence.

Do you have to meet multiple deadlines for bankruptcy?

Bankruptcy filers must meet multiple deadlines after filing a case. These deadlines apply to:

What to do if you haven't paid your attorney's fees?

If any fees were paid in advance and the work hasn't been done, ask for a refund of the fees. Also, ask for an itemized bill listing all pending fees and expenses. If yours is a contingency case, your new attorney will pay your old attorney from any money that you ultimately recover.

How to sever a relationship with an old lawyer?

When you're ready to sever the relationship with your old lawyer, send a certified or registered letter that clearly states you are terminating the relationship, and that the lawyer is to cease working on any pending matters.

How does changing lawyers affect your case?

Will changing lawyers be detrimental to my case or legal issue? Changing a lawyer in the middle of an active litigation is like changing pilots in the middle of a flight. It will take time for the new attorney to get familiar with the file, particularly if the case is complex. In addition to potential delays, this process might also cost you money, since your new attorney will bill you for the time spent performing that review and getting up to speed. Also consider the immediate state of your case. Is there an upcoming appearance, hearing, or motion deadline? If so, your new attorney might not have time to adequately prepare.

Why doesn't my attorney understand my case?

This might be due to the lawyer being new to the practice, venturing outside his or her primary area of expertise , or just not being as sharp as you'd like.

What is an unprofessional attorney?

The attorney is unprofessional. For example, the attorney wastes time in meetings, does not appear to be prepared for court, seems very disorganized, or in the worst-case scenario, seems to be mishandling your funds or documents. The attorney does not communicate with you.

What to do when you meet with a new lawyer?

If you are a party to litigation, confirm that your new lawyer will notify the court as to your change in representation. When you meet with new lawyers, don’t bad-mouth your old one. Remember, the legal community can be small, and you may be speaking about someone’s close friend or former colleague.

What to do if your lawyer doesn't understand your goals?

If you feel that your lawyer simply doesn’t understand your goals and aspirations, you are not obligated to continue to the relationship . If, upon reflection, you think you have a valid beef with your attorney, first talk to him or her about the problem.

What to do if you can't afford bankruptcy?

If you can't afford to pay a bankruptcy attorney right away, you might consider: asking friends and family. getting help from a legal aid society or other free legal clinics in your area. finding an attorney who will take your case pro bono (free of charge), or. filing your case without an attorney.

How to get ready for bankruptcy consultation?

Get ready for your consultation by preparing questions to ask the bankruptcy attorney.

How to find a pro bono attorney?

To find a local pro bono attorney, consult with different lawyers in your area or contact your county or state bar. Or visit the American Bankruptcy Institute's Bankruptcy Resources webpage.

Why won't my attorney file a Chapter 7 case?

Your attorney won't file a Chapter 7 case until you've paid in full. Why? Because the bankruptcy would wipe out the fees still owed to your attorney. A debtor who doesn't have the fee will often start by asking friends and family for help.

Do bankruptcy attorneys cut fees?

And many bankruptcy attorneys cut fees drastically for clients who qualify for a bankruptcy fee waiver.

Can you finance a Chapter 13 case?

It isn't as challenging to finance a Chapter 13 case. Many attorneys will take a downpayment upfront. The remaining amount gets paid in your repayment plan, thereby allowing you to pay a small part of your legal fees each month. Find out more about how bankruptcy lawyers get paid.

Can you stop paying bills in Chapter 7?

If that isn't an option, qualified Chapter 7 debtors will stop making bill payments if the obligation will be discharged (wiped out) in the case. Then they use the money for legal fees. While this might seem sketchy, rest assured that the court understands and expects filers to use this approach. But it's essential to be sure that you're qualified because it can be difficult—if not impossible—to catch up on bills if you find out you don't qualify later.

What is the phone number for bankruptcy?

Call 800-222-8029 – at the U.S. Bankruptcy Courts and follow the prompts.

How can I notify the IRS that I've filed bankruptcy?

If you listed the IRS as a creditor in your bankruptcy, the IRS will receive electronic notice about your case from the U.S. Bankruptcy Courts within a day or two of the petition date. If you're not sure if we received notice, call the Centralized Insolvency Operation at 800-973-0424 and give them your bankruptcy case number.

How long do you have to file taxes in bankruptcy?

Usually 5 years. Debtor must file returns for the last four tax periods. Dismissal: IRS may keep payments, and time in bankruptcy extends time to collect remaining tax liabilities. Discharge: Will eliminate (discharge) tax debts paid in the plan and tax debts older than three years unless returns filed late.

How long does it take for a trustee to sell assets?

Partnerships. Liquidation – Trustee takes control of debtor's assets and tries to sell them to pay creditors. Usually 90 to 120 days. Debtor must file returns for the last four tax periods. Dismissal: IRS may keep payments, and time in bankruptcy extends time to collect remaining tax liabilities.

What happens if you file bankruptcy and don't pay taxes?

During your bankruptcy case you should pay all current taxes as they come due. Failure to file returns and/or pay current taxes during your bankruptcy may result in your case being dismissed. Partnerships and corporations file bankruptcy under Chapter 7 or Chapter 11 of the bankruptcy code. Individuals may also file under Chapter 7 or Chapter 11.

How long do you have to file taxes for Chapter 13?

Before you consider filing a Chapter 13 here are some things you should know: You must file all required tax returns for tax periods ending within four years of your bankruptcy filing. During your bankruptcy you must continue to file, or get an extension of time to file, all required returns.

What is the most common type of bankruptcy?

Other options include an IRS payment plan or an offer in compromise. For individuals, the most common type of bankruptcy is a Chapter 13.