We are in the middle of our 5 yr Chapter 13. Can we change lawyers without refiling?
-
-
Yes, you can change lawyers without refiling your 13.
However, keep two things in mind:
1. Most experienced bk lawyers are reluctant to talk with you until your current lawyer is out of the picture - some may not talk to you at all as long as you are represented by your current lawyer. Many are reluctant to take on a messed-up case and typically charge more than their minimum fee to get things straightened out.
2. You will have to pay the new lawyer not only his/her minimum fee but also have your plan amended to include paying the rest of the remaining (potentially higher) fee to the new lawyer through the rest of your plan. Whatever you've already paid to your current lawyer yourself and through your plan so far is lost to you.
Why do you want to get rid of your current lawyer?Last edited by lrprn; 01-14-2012, 09:41 PM.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go -
Same answer as lrprn, Yes, you can.
The question is finding an attorney willing to do it that you can afford. If the issue you are having has to do with quality, pretty much anyone you find willing to do it and NOT charge you an arm and leg is probably no better than the attorney you have now.
If the issue is simply that your existing attorney is no longer practicing or simply dropped out of the picture, and you only need a minor thing done, that may not be too much of a problem, but again, you will need to pay an upfront fee to this new attorney.Comment
Comment