changing attorney in middle of chapter 13

[amjo30]

Hi everyone,

well, My chapter 13 plan was filed in March and I found out a few weeks ago that my attorney is leaving the practice. Also, the senior partner refused to pick up the case. My chapter 13 was complex and I already had two attorneys that refused to take my case. In the next two weeks, I am scheduled to see a new attorney. Has anyone had to change attorneys in the middle of their bankruptcy? My worst fear is that the new attorney will not take the case. I haven't been confirmed due to the Auto loan objecting to the value. I am in Limbo right now. Any advice or suggestions.

[HHM]

I would try to talk to your existing attorney and see if he will at least see your case through to confirmation. Although you "can" change attorneys, as you have already found out, very few, if any BK attorney's will jump into the middle of a case.

[amjo30]

I would try to talk to your existing attorney and see if he will at least see your case through to confirmation. Although you "can" change attorneys, as you have already found out, very few, if any BK attorney's will jump into the middle of a case.

Yes, I already tried to see if he would atleast see that its confirmed. He has already accepted another job and its not in private practice. He did say that he will assist me in finding another attorney and has talked to the new attorney about the case. So as of now, I am in Limbo. Hopefully, this will work out for me because the new attorney I am scheduled to see does only bankruptcy and has been doing it for over 20 years. He has an entire paralegal staff. I originally tried to get an appointment with this attorney but the next available appointment was over a month away. so maybe this will workout for the best. There were many questions in the beginning with completing the forms and it took a long time before my current attorney got everything completed and that's if its done correctly. I did have my 341 meeting but I can't review on pacer the trustee's note on the 341 meeting.

[gunsmoke]

Have you paid monies to this law firm? They do have an obligation.

[amjo30]

I have a legal plan through work and I am not sure how the fees are paid. I do know the entire bankruptcy plan and any motions filed are covered. I will call on Monday because I do have to notify them that the attorney will change. So, I am limited to the attorneys that I can hire based on my plan. I have to go with an attorney that is listed on my plan. There were only four in my area and the first two refused to take the case and now the third has chosen to work for the government. So, I am down to this last one who is the most qualified but the hardest to get an appointment with. so I hope this turns out well. It does have me on pins and needles but my current attorney promised to see me through the transition and not dismiss my case. Let's hope he keeps his word on that. I have been checking pacer every day to make sure nothing has changed.

[kcfaninin]

Hi,
We were 21 months into our Chapter 13 and just retained a new attorney this past week. The more I read these boards the more I realized how poorly we were represented with our first attorney. We sought a consultation as we were to the point we were struggling to make our plan payments due to decreasing income. First attorney refused to help us ammend our plan. New attorney said we qualify for a Chapter 7 so we just dismissed our Chapter 13 this week. We are waiting till the Fall to file for a Chapter 7. It has been a huge relief and the best thing we did. So yes, it is possible to switch in the middle. Good luck!!