Received Notice That Lawyer Is Suspended/Disbarred

[jaffy83]

Hello! I've been a lurker for a while, but apparently my original account no longer works. Just a quick thank you to all of you who have been so helpful during this journey - even if I never posted much previously. On to the point of this post...

I'm currently about to enter my 5th year of Ch 13 in Maryland. I received a notice Friday that my attorney is no longer involved in my case because he has either been suspended or disbarred from practice. Freak out aside, the notice says I have 14 days to either bring on a new attorney or it will be assumed that I am now self-representing. I'm not sure if anyone has any experience with this (I certainly do no believe I should be doing this on my own), but I am also not sure how one goes about hiring a new attorney so late in the game, nor what the costs involved would be, nor even how I will be able to afford a new lawyer. Any insight would be most appreciated and my many thanks in advance.

[shipo]

Was the firm the lawyer was with a single lawyer operation? If not, I would approach them and ask.

[jaffy83]

At the time of filing, it was a two-attorney office. My specific attorney left and set up his own shop. The other attorney sold the practice. I believe the person who bought the business is still there though.

[shipo]

In my case, there were a number of chargeable events my attorney needed to deal with during the five years; in each case, the monies were taken out of what I was paying into the plan; I didn't personally need to pay anything extra. Hopefully this will be the case with you.

[jaffy83]

I will reach out to the original office and see what they say. Thank you so much

[despritfreya]

Since you are in the last year of your Chapter 13, unless you have some problem with payments, you probably do not need the assistance of counsel at this point.

My guess is that you can talk to your Trustee to find out what, if anything, you need to do to complete the process - other than making your Plan payments. For example, have you taken the Financial Management course? That is the second credit counseling class. Also, at the end of the case you may need to file a "certification of eligibility" for the entry of the discharge. This is typically a local form that you just read, sign and file with the Court.

If you do not get a response from the original law office, call your Trustee.

Des.

[jaffy83]

Appreciate your feedback. I was able to speak with the original law office (and the attorney who took it over) and we agreed to have him become the attorney of record for my case.

I haven't taken the second course as of yet - I'm still 13 months (I think) from discharge. Is there a specific timing that I should take this ie: closer to discharge or can it be taken at any point during the bankrupcy?

Since you are in the last year of your Chapter 13, unless you have some problem with payments, you probably do not need the assistance of counsel at this point.

My guess is that you can talk to your Trustee to find out what, if anything, you need to do to complete the process - other than making your Plan payments. For example, have you taken the Financial Management course? That is the second credit counseling class. Also, at the end of the case you may need to file a "certification of eligibility" for the entry of the discharge. This is typically a local form that you just read, sign and file with the Court.

If you do not get a response from the original law office, call your Trustee.

Des.

[VolFan]

I haven't taken the second course as of yet - I'm still 13 months (I think) from discharge. Is there a specific timing that I should take this ie: closer to discharge or can it be taken at any point during the bankrupcy?

You can take the second Financial Management course at any time, so I'd go ahead and get that knocked out. As Des said, the only thing remaining to complete would be the Certification of Eligibility form at the very end. Good luck to you as you finish your final year.

[justbroke]

Our Chapter 13 Trustees, at least the ones that I've met, give the class for free on the same day as the 341 Meeting. They say that many people forget to take the class!

[despritfreya]

I was able to speak with the original law office (and the attorney who took it over) and we agreed to have him become the attorney of record for my case. I haven't taken the second course as of yet - I'm still 13 months (I think) from discharge. Is there a specific timing that I should take this ie: closer to discharge or can it be taken at any point during the bankruptcy?

Glad to read that you were able to secure an attorney. As others have indicated, you can take that second class anytime. I ask my clients to take it at the beginning of the case so that they don't forget. Taking it now would be my recommendation.

Best of luck as you wind down the long five years.

Des.

[shipo]

Glad to read that you were able to secure an attorney. As others have indicated, you can take that second class anytime. I ask my clients to take it at the beginning of the case so that they don't forget. Taking it now would be my recommendation.

Best of luck as you wind down the long five years.

Des.

Then there are folks like me; I took the second class before I filed, forgot it was the "second class", and took it again a month or so before I made my final payment. Yeah, I'm not the sharpest tool in the shed.

[newlife13]

Then there are folks like me; I took the second class before I filed, forgot it was the "second class", and took it again a month or so before I made my final payment. Yeah, I'm not the sharpest tool in the shed.

I did that, too. Do I have to do it again? I'm 9 months out from the end.

[shipo]

I did that, too. Do I have to do it again? I'm 9 months out from the end.

If I understand it correctly, nope, if you've already done the second class, you're good to go.

[sophieanne]

When we filed, our lawyer had us take the 2 courses right away to ensure they were over with.

[Carmella]

When we filed, our lawyer had us take the 2 courses right away to ensure they were over with.

Same here. I kept an extra hard copy of the certificate and saved the pdf on the laptop in addition to what the attorney's office has! I thought 5 yrs is a long time to keep the certificate what is I loose it!