why wont my attorney considet changing ch13 to ch7

Can I switch attorneys during a chapter 13 bankruptcy case?

Switching attorneys during a chapter 13 bankruptcy case is much more feasible. A chapter 13 bankruptcy case can last anywhere from 3 to 5 years.

How to get your attorney’s attention to repair the attorney-client relationship?

This doesn’t mean the clients are right. But it does mean the attorney-client relationship has been damaged. This PTL shows you the four ways to get your attorney’s attention, so you can try to repair it: 1. Call Your Attorney I know what you’re thinking. And you may be right. But give him a chance.

Is it bad to keep changing lawyers?

Changing lawyers repeatedly is seen by many attorneys as the mark of a difficult client or one who has unreasonable expectations. Making the decision to change attorneys can be a painful one, but finding the right lawyer can make all the difference in the outcome of your case.

Why is my attorney not working on my case?

It can be hard to know whether the problem is with your attorney or something bigger, such as a bogged down court system or uncooperative third parties. You might wish to schedule an appointment with another attorney to evaluate your case.

What happens if you change from Chapter 13 to 7?

Unlike Chapter 13, Chapter 7 requires no repayment plan. Instead, your nonexempt assets can be seized by a Court-appointed bankruptcy trustee and sold, or liquidated, to pay your debts.

How soon can you file Chapter 7 after Chapter 13?

six yearsChapter 13 to Chapter 7. If you received a Chapter 13 discharge and you'd like to receive a Chapter 7 discharge, you'll have to wait six years between filing dates.

What happens when cancel Chapter 13?

If the Chapter 13 plan is dismissed, creditors may immediately initiate or continue with state court litigation pursuant to applicable state law to foreclose on the petitioner's property or garnish their income. If a bankruptcy case is dismissed, the legal affect is that the bankruptcy is deemed void.

What happens after you pay off Chapter 13?

When you complete your Chapter 13 repayment plan, you'll receive a discharge order that will wipe out the remaining balance of qualifying debt. In fact, a Chapter 13 bankruptcy discharge is even broader than a Chapter 7 discharge because it wipes out certain debts that aren't nondischargeable in Chapter 7 bankruptcy.

How often is Chapter 7 denied?

Frequency of Denial While some Chapter 7 bankruptcy cases are kicked out of court before discharge, statistics indicate that this isn't the norm. According to the U.S. Courts website, when Chapter 7 cases are correctly filed, they result in a successful discharge of debts more than 99 percent of the time.

Is it better to file a Chapter 7 or 13?

Most people prefer Chapter 7 bankruptcy because, unlike Chapter 13 bankruptcy, it doesn't require you to repay a portion of your debt to creditors. In Chapter 13 bankruptcy, you must pay all of your disposable income—the amount remaining after allowed monthly expenses—to your creditors for three to five years.

How can you get out of Chapter 13 early?

First, you'll need to formally request an early payoff from all of your creditors and get the court to approve the request. From there, creditors can either accept or reject your request. In most situations, creditors will object to your paying Chapter 13 bankruptcy off early because it goes against the repayment plan.

Does your credit score go up after Chapter 13 discharge?

Your credit score after a Chapter 13 Bankruptcy discharge will vary. Your new score will depend on how good or bad your credit score was prior to the filing of the Chapter 13 Bankruptcy. For most individuals, you can expect to see quite a dip in your overall credit score.

What is a hardship discharge in 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.

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.

How soon can you buy a house after Chapter 13?

You'll need to wait 2 – 4 years depending on your loan type. For a Chapter 13 bankruptcy, you may be able to apply immediately or you may need to wait up to 4 years. FHA loans are a great option after bankruptcy because they allow you to buy a home with a lower credit score.

How long does it take for Chapter 13 to be removed from credit report?

seven yearsA Chapter 7 bankruptcy can stay on your credit report for up to 10 years from the date the bankruptcy was filed, while a Chapter 13 bankruptcy will fall off your report seven years after the filing date.

What happens if you fall behind on your Chapter 13?

If you fall behind on your Chapter 13 plan payments, your bankruptcy trustee or a creditor will usually ask the court to dismiss your bankruptcy case. However, other options might help you save your bankruptcy and obtain a discharge. Read on to learn more about your options if you have fallen behind on your Chapter 13 plan payments.

How to explain circumstances to trustee?

If the trustee isn't reasonable (which is rare), you can explain your circumstances to the court by filing a written opposition to the motion to dismiss and arguing your side at the motion hearing.

Why do bankruptcy debtors miss payments?

Many bankruptcy debtors miss plan payments because of a temporary financial emergency. But most debtors can get caught up if given enough time. If you're facing dismissal, your first step is to speak with the trustee.

How often do you have to discharge Chapter 7?

You'll have to qualify for a Chapter 7 discharge (most courts require you to pass the means test, and you're entitled to a discharge only once every eight years). Also, it won't get rid of your priority debts or allow you to catch up on your mortgage arrears.

How to reduce your pay if you lost your job?

If it isn't possible to resolve your financial emergency (for example, you lost your job, or your employer permanently reduced your pay), then you might be able to reduce your payments by asking the court to modify the amounts paid through your repayment plan. In your motion, you'll need to propose a new payment amount and provide ...

Does a hardship discharge wipe out your debt?

Also, a hardship discharge won't wipe out your priority debts that you 're required to pay, such as certain taxes or domestic support obligations (like child support and alimony). (To learn more, see Getting a Chapter 13 Hardship Discharge .)

Can you sell your house if you ask for hardship discharge?

Because the court won't sell any of your property when you ask for a hardship discharge, to wipe out any debt, your nonpriority unsecured debts—such as credit card and medical bills—must have received as much as they would have in a Chapter 7 case through the Chapter 13 repayment plan.

3 attorney answers

You may wish to discuss your matter with representatives from your local bar association. They regularly deal with client complaints and may assist you in either dealing with your current attorney or finding a new one. More

David Michael Benson

Yes, you always have the right to fire your attorney. However, Mr. Thomas is correct, you would have to look carefully at your fee agreement to see what the financial costs of doing so would be.

Erik Glen Swanson

If you retain an attorney to represent you in any legal matter, you always retain the right to discharge the attorney and retain substitute counsel. However, the fee agreement that you signed may have certain provisions regarding payment of fees and costs that are important to consider in making this decision.

What happens if you don't get a good response from your attorney?

If you are not getting a good response from your attorney, if you are not getting answers to your questions, if you are not feeling comfortable with their level of service , you are not stuck with that law firm or attorney for the duration of your chapter 13 case . You do have the ability to hire another attorney who can apply to ...

What happens if a debtor does not like the price they are hearing?

If the debtor does not like the price that they are hearing, they will often shop around to see if another attorney will convert the case for less. For another attorney to convert the case, that attorney has to first substitute in as the new attorney of record.

Do you have to pay a second attorney in a chapter 7 case?

First, you’ve already paid your first attorney and you have to pay a second attorney to jump in on your existing chapter 7 case. Second, absent an adversarial complaint, there should be nothing that the first attorney can’t take care of under the original contract with him or her.

Can I hire another attorney for chapter 13?

You do have the ability to hire another attorney who can apply to the court for fees over the remainder of your chapter 13 case. I typically see someone who wants to refile a new case with the new attorney instead of trying to save the case that is already under some duress. There is one exception to this.

Does a chapter 13 attorney get paid?

The current attorney might want too much money to convert the case. Further, their current attorney is being paid typically through a payroll control order. Thus, the longer the chapter 13 lasts, the greater likelihood that the attorney is being paid through the Chapter 13.

What is Chapter 52 of the Placement Strategy Handbook?

Chapter 52 in The Placement Strategy Handbook is entitled “How to Select an Attorney.” Still, we receive many calls from placers ranging from inquiries to insurrection about the way an attorney is handling a case. This doesn’t mean the clients are right. But it does mean the attorney-client relationship has been damaged.

What is a client's manual?

Lawyers: A Client’s Manual by Joseph McGinn tells the steps to use if you’ve reached the point of no return: Tell your lawyer directly and give your reasons.

Can an army of marching attorneys help some clients?

We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.

Do attorneys mind after hours calls?

Just like they don’t mind after-hours calls. Sometimes it’s necessary for you to volunteer. You’ll be surprised how receptive your attorney is to your assistance. Believe it or not, the amount of attorney’s fees is usually not a major complaint.

Is litigation a complicated process?

Litigation is a slow, complicated, unpredictable, expensive process. To the extent your lawyer can expedite, simplify, win, and reduce the fees, he’s the one for you . I hope you don’ t need to get the attention of your attorney. But if you do, this should help. Good luck!

Do lawyers have egos?

So even though it’s a killer, it’s a sure-fire attention-getter. In fact, it’s so reliable that if the attorney doesn’t respond, you’re probably better off with another.

How to know when it's time to change your lawyer?

How to Know When it's Time to Change Lawyers. It usually begins with a lack of communication. Your calls go unanswered and you hear nothing about your case for weeks or months. Maybe you get the sense that the lawyer's files are in disarray, or that he or she doesn’t remember the details of your matter from one meeting to the next.

What to do if you still think the relationship is unsalvageable?

If you still think the relationship is unsalvageable, it might be time to terminate the engagement and switch to a new attorney. However, there are a few issues to keep in mind:

What happens if you have been promised documents?

Documents you have been promised aren’t ready when they're supposed to be. Everybody has emergencies now and then, but if this happens repeatedly, there could be a problem. If you recognize some or all of these issues in your relationship with your lawyer, it is probably time to make your concerns known.

Should I run my attorney's name through the bar association?

You hopefully ran your attorney's name through the website of your state's bar association before hiring him or her, but now might be a good time to do so again. Even if your attorney is in good standing now, any past suspensions or other disciplinary actions for issues like substance abuse or misuse of client funds should give you pause.

Can you fire a lawyer before hiring another lawyer?

However, there are a few issues to keep in mind: Unless absolutely necessary, don’t fire one lawyer before you have identified the next one you plan to hire. If your case has already begun, the judge may not let your old lawyer leave the case until a new lawyer replaces him or her. Seek referrals for your next lawyer.