my bankruptcy attorney will not get back with me what are my options

If you’ve left your bankruptcy attorney several voicemails and gotten no response, try contacting them via email or a private message on social media. If they have a receptionist or assistant, you should also leave a message with them. Make sure you’re message is clear, includes your contact info, and emphasizes the urgency of the situation.

Full Answer

What should I do if my bankruptcy attorney doesn’t get back to me?

Mar 19, 2015 · First things first—if you must attend a bankruptcy hearing, go to it even if your attorney hasn’t gotten back to you. If the attorney doesn’t show up, tell the bankruptcy trustee or judge what has happened. You may even want to request more time. At this point, it may be best for you to file a complaint with the bar and find another lawyer.

Can I switch attorneys during a chapter 13 bankruptcy case?

Jan 04, 2014 · Contact. 512-601-0002. website. Phone. Contact. Website. Answered on Jan 17th, 2014 at 6:31 PM. Most of the fees that you pay to your attorney are earned in the beginning of the case. You should look at the contract that you signed with the attorney but I'm not sure that you would be able to recover the fees from the attorney.

Are You in the middle of a bankruptcy case with an attorney?

May 16, 2017 ·

Can I appeal my Chapter 13 bankruptcy case if I Can’t pay?

What does Case closed without discharge mean?

Cases are also closed without a discharge when the Debtor fails to complete the required debtor financial education class. The financial education certificate must be filed in every person, consumer bankruptcy case. If it is not, it will result in the case being closed without a discharge.Nov 7, 2021

Can bankruptcy trustee take assets after discharge?

The trustee can revoke your discharge. If the trustee finds hidden assets, the trustee can ask the court to revoke or take back your discharge. The trustee can do this at any time before the case closes or, even after, up to one year after the discharge date.

Can you change your mind on bankruptcy?

You do have the right to change your mind after filing bankruptcy, but this can be a lengthy and sometimes complicated process. If you filed a Chapter 7 bankruptcy, the court is more likely to dismiss your case as long as doing so wouldn't harm your creditors.

How long does a Chapter 13 discharge take?

Discharge Time Frame Getting a discharge in a Chapter 13 case generally takes between six and eight weeks after making your plan's final payment. This time frame depends upon the court's caseload — the busier the court, the longer you may have to wait for your discharge letter.

Does the trustee monitor your bank account?

Your Chapter 7 bankruptcy trustee will likely check your bank accounts at least once during the process of overseeing your filing. They have a right to perform a full audit of your accounts or check them any time it is necessary.

How does a bankruptcy trustee find hidden assets?

The bankruptcy trustees go about finding hidden assets by taking a close look at your debts, as well as doing public record searches, online analysis, tax returns, review reports from former spouses or friends, as well as payroll slips that may show deposits into banks or accounts that you have not listed in your ...Jan 29, 2020

Are bankruptcies ever denied?

The rejection or denial of a Chapter 7 bankruptcy case is very unusual, but there are reasons why a Chapter 7 bankruptcy case can be denied. Many denials are due to a lack of attention to detail on the part of the attorney, errors made on petitions or fraud itself.Mar 9, 2022

How do you reverse bankruptcy?

Visit the bankruptcy court in which you filed your case and inform the clerk of court that you want to file a motion to dismiss your bankruptcy. If you hired an attorney for your Chapter 7 or Chapter 13 filing, then he or she will do this on your behalf.

How do you stop a bankruptcy petition?

The procedure to oppose a bankruptcy petition is to file a witness statement in opposition in court not less than five business days before the date of the hearing of the petition (rule 4.18(1), Insolvency Rules).

What happens after a Chapter 13 is paid off?

Once you finish your Chapter 13 repayment plan, the remaining 30 percent of your debt is discharged, meaning you won't have to repay that remaining debt. If you pay your Chapter 13 plan off early, you alter the agreed upon terms of your bankruptcy case.Jul 13, 2021

What happens to your bank account when you file Chapter 13?

While non-exempt bank account funds are not turned over to the trustee under Chapter 13, the debtor must pay a sum equal to the funds over the exemption amount during the life of the plan. These payments will be distributed among the debtor's various creditors.

Does Chapter 13 trustee check your bank account?

Does Chapter 13 Trustee Check Your Bank Account? Yes, it's highly likely that your appointed trustee will check both your personal bank accounts and any business-related bank accounts which you may have under your name.Jan 23, 2022

What to do if you lost money because of a lawyer?

If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:

What to do if your lawyer doesn't work?

If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.

What is the agency responsible for licensing and disciplining lawyers?

Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.

What to do if you can't find out what has been done?

If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.

What to do if you are not satisfied with your lawyer?

If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.

Can you sue for legal malpractice?

If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.

Does the state bar reimburse clients?

But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.

Dheeraj Kumar Singhal

Read your retainer agreement. Most bankruptcy retainers will be on a "flat fee," meaning that you are not paying the attorney's hourly rate, but a pre-agreed upon fee for all of the services in the retainer agreement. Some attorney's will put a "no refund" provision in the agreement.

Jacques H. Geisenberger Jr

I do not normally answer questions concerning the conduct of fellow attorneys or "fee disputes". If you are dissatisfied with the actions of your attorney you are certainly free to contact the Pennsylvania Disciplinary Conduct Board at www.padboard.org to raise the issues in your question...

Steven Anderson Leahy

Remember, you hired this attorney to represent you. If he is not representing you properly, you are entitled to a refund. First, I would put my disappointment in writing and formally ask for a refund. If you do not receive a prompt answer, contact the attorney disciplinary board in your state.

Dorothy G Bunce

What does your retainer agreement provide? You should ask for an accounting of your retainer (in writing) and if you don't receive an accounting, contact the organization that represents attorneys in your state as well as the office of the US Trustee, which regulates the conduct of bankruptcy attorneys.

What is automatic stay in bankruptcy?

Essentially, the automatic stay halts repossession actions, foreclosures, garnishments, and collection activity while the filer’s case remains active.

Can a Chapter 7 case be dismissed?

However, Chapter 7 cases may also be dismissed by a trustee if a filer doesn’t properly complete and file their schedules, turn over requested documentation, or otherwise comply with mandatory directions provided by either the court or the trustee.

Can bankruptcy be dismissed?

A bankruptcy case is much like any other legal proceeding in that it may be affected by delays, impacted by other legal action, and subject to dismissal. You may be in a position where you’re trying to avoid dismissal of your Chapter 7 bankruptcy case or your Chapter 13 bankruptcy case. If so, there are steps you can take to better ensure ...

How long does it take to appeal a Chapter 13 bankruptcy?

If you wish to appeal your dismissal, you must file a notice of appeal within 14 days after your case is dismissed (but you can also file a motion for an extension of time). In addition, you will need to file other formal paperwork (such as a legal brief) ...

What happens if you don't pay your Chapter 13?

If you don't make your Chapter 13 bankruptcy monthly plan payments, the bankruptcy trustee will ask the court to dismiss your case. If the court does dismisses your Chapter 13 bankruptcy for nonpayment, you may be able to appeal the dismissal to a higher court.

How to reduce Chapter 13 payments?

If you can't afford to make your monthly Chapter 13 plan payments, you may have other options available to you including: 1 modifying your plan to reduce your payment amount 2 requesting a hardship discharge, or 3 converting to Chapter 7 bankruptcy.

What to do if you can't afford Chapter 13?

If you can't afford to make your monthly Chapter 13 plan payments, you may have other options available to you including: modifying your plan to reduce your payment amount. requesting a hardship discharge, or. converting to Chapter 7 bankruptcy.

Can you file another bankruptcy case if you are dismissed?

If the court dismisses your Chapter 13 bankruptcy, it can do so with or without prejudice. Most cases are dismissed without prejudice – meaning that you can file another bankruptcy case right away.

What is the job of a lawyer?

They break their fiduciary duty to a client: A lawyer’s main job is to protect and advocate for their client.

What is legal malpractice?

Legal malpractice is when an attorney makes a grievous error in handling a case. Lawyers are held to a general standard and codes of ethical and professional conduct. Depending on the severity, when they break these rules they may be guilty of medical malpractice.

Can a lawyer make mistakes?

Lawyers are not perfect. They can and do make mistakes. However, there is a serious issue when that mistake is so severe that it hinders you from filing or possibly winning your case. Legal malpractice cases can be lengthy and expensive. It is advised to make the claims quickly if you feel like you have been wronged.