what to do if your bankruptcy attorney doesn't do his job

by Prof. Clarissa Mills MD 7 min read

File a complaint.
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.
Mar 19, 2015

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

Oct 11, 2012 · In any event, there are two avenues to take to deal with attorney problems: 1. Contact your state bar (licensing) agency and file a complaint. 2. Contact the United States Trustee's Office for your district. They oversee bankruptcy cases and will, if appropriate, seek a disgorgement of your attorney's fees.

What to do if your lawyer does not do what you want?

Jun 17, 2014 · Assuming that the attorney still represents you pursuant to you fee agreement, I would recommend that you send a letter certified mail, noting all your concerns in the matter and the lack of communication, and requesting a response. If there is no response, speak with another bankruptcy attorney.

How do I know if my lawyer is doing a good job?

Once you have spoken to your lawyer and have analyzed their procedures, as well as the elements of the case, you can draw a conclusion. If your suspicions have been confirmed and, indeed, the lawyer is not acting as they should be, in your best interest, then you can opt for the classic option of firing them.

Should I dump my bad lawyer?

Aug 19, 2008 · Re: Bankruptcy Lawyer Didn't Do His Job. Anyone can sue anyone else for anything but that doesn't mean they will win. I don't see anything to sue you for or him winning a lawsuit as long as what you report is the truth. I doubt if the agencies you report him to would even tell him YOU made a report on him. Talk to the agencies & see what they say.

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How long does it take for Chapter 7 to be discharged?

about four to six monthsA Chapter 7 bankruptcy usually takes about four to six months from filing to final discharge, as long as the person who's filing has all their ducks in a row. There are a lot of moving parts to filing for Chapter 7 bankruptcy, and missing or delaying any one of them can slow down or stop the process.Feb 8, 2022

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.

Can you back out of Chapter 13?

You can choose to voluntarily dismiss your Chapter 13 bankruptcy case at any time throughout the proceedings. This can be useful in different situations, but it does mean you will owe the entirety of your debt to all of your creditors.Nov 24, 2021

Can I get out of Chapter 13 early?

If your request to pay off Chapter 13 early is approved by a court, you'll be required to pay 100 percent of the debt claims on your bankruptcy case. This includes unsecured debt, such as credit cards, which would've been discharged if you'd kept making Chapter 13 plan payments on the original schedule.Jul 13, 2021

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 does 100% means in a Chapter 13?

What is a Chapter 13 100 Percent Bankruptcy Plan? A 100% plan is a Chapter 13 bankruptcy in which you develop a plan with your attorney and creditors to pay back your debt. It is required to pay back all secured debt and 100% of all unsecured debt.

Can I put money in savings while in Chapter 13?

Generally speaking, the funds you have in your bank accounts are safe when you file for Chapter 13 bankruptcy. Debtors filing for Chapter 13 bankruptcy ordinarily do not have to worry about what will happen to their checking or savings accounts.

What happens if your income increases during Chapter 13?

An Increase in Income During Chapter 13 The amount you are required to pay towards your debts is based on your income minus your necessary expenses, such as rent or a mortgage payment, utilities, transportation, food, and medical care. Essentially, you will pay all of your disposable income toward your liabilities.

Does Chapter 13 trustee check your bank account?

Chapter 13 Bankruptcy The trustee may conduct periodic reviews of your finances, including your business and personal bank accounts, to ensure you have sufficient cash to continue making payments as normal.

What is a hardship discharge in a Chapter 13?

A hardship discharge is a discharge the court grants you before you complete all of the required payments under your Chapter 13 repayment plan.

Why do Chapter 13 bankruptcies fail?

Early on, Chapter 13 and Chapter 7 cases may be dismissed for similar reasons, almost all of them procedural: Failure to pay the court filing fee; improper preparation for, or failure to attend, the meeting of creditors; failure to attend the required financial management course; failure to file all required bankruptcy ...Oct 1, 2021