Represent myself in the middle of bankruptcy?

[mrobinette]

I have had repeated communication issues with our attorney. Its almost like they want to show that they are trying to meet with us, but only pick the days that I say we are not available, so it can be our fault we don't meet. I tell them when we can't meet, receive a letter the next day threatening us that we have to meet that day I said we can't. We have to meet because 2 years ago when I told them about my husbands new kob, they didn't update tje info and now are mad at me for not double checking. This is anout the 6th example of them giving me wrong info, not doing what they say, taking 3 weeks to respond, etc. I gave them my cell # to talk to me, they call my house amd leave a message, knowing I am at work. I only email them to have eberything in writing. Tjey send letters to the house.

So, I am done. We are half done with our plan. Can we represent ourselves at this point? Can I ihnore their requests for meeting and not respond?

[kornellred]

Trustees usually do not allow debtors to represent themselves unless they filed pro se. Your attorney is required by law to assist you during the course of your Chapter 13. Get yourself over to the law offices and demand action. One thing you cannot do is specify the days when you are available - that's your problem, not the attorney's. Make sure you read the agreement you signed when you hired your attorney.

[AngelinaCat]

You are in the middle of a CH13. I do not know how this works with CH13s.

We were an Asset CH7. We were so dissatisfied with our attorney, that we filed a motion with the BK Court, to 'Discharge Attorney and Proceed Pro Se'.

As it happened, we were so far along with our CH7 that the judge said that he could/would allow this, but it would delay our Discharge. Essentially, all of the work (and disasters) had been done, and all we were waiting for, was the Discharge. The judge asked what we wanted to do, and we agreed that we would let him dismiss the motion. So that was it for us.

It is possible to do what you want to, but again, I do not know how this works with a CH13.

Good wishes to you. I understand your frustrations fully.

[despritfreya]

You have the right to fire your attny and your attny has the right to fire you. If you really want to be pro se send a letter advising the attny of such and ask the attny to forward to you the "Motion to Withdraw as Counsel, With Consent" for your signature showing consent. You then send it back, the attny will file it with the Court and the judge will sign an order granting the Motion.

Des.

[mrobinette]

Can the attorney comment on it, or do they just file it?

[despritfreya]

Can the attorney comment on it, or do they just file it?

A Motion to Withdraw is a simple document that states the debtor has requested the withdrawal of counsel. There are no "comments", since anything that transpired between you and the attny is subject to attny-client privilege. Even when we withdraw because the client is uncooperative (not with consent) the Motion would simply state that there are irreconcilable differences or something similar. That type of Motion is euphemistically referred to as a “noise motion”.

Des.

[mrobinette]

If the lawyer files it for the client being uncooperative, is there a way thay the trustee can deny any of it? Meaning can the trustee say " no, suck it up"? Does it reflect negatively on me?

[despritfreya]

If the lawyer files it for the client being uncooperative, is there a way thay the trustee can deny any of it? Meaning can the trustee say " no, suck it up"? Does it reflect negatively on me?

The trustee has nothing to do with this. Can a judge deny the motion? Yes. Is such likely to happen? No, unless there is some pending matter that simply cannot wait for the debtor to find suitable legal representation.

Des.

[mrobinette]

Thank you everybody. I really appreciate it. My stress level has been unbelievably high with them and this is all such a relief.

[mrobinette]

Would it be best if I asked them to file it, or if should I just ignore them and hope they file it on their own without me requesting it?

[despritfreya]

Would it be best if I asked them to file it, or if should I just ignore them and hope they file it on their own without me requesting it?

If you want the attny to withdraw there is nothing wrong with you telling him so. He will take it from there.

Des.

[kmjatl]

If you want the attny to withdraw there is nothing wrong with you telling him so. He will take it from there.

Des.

So if an attorney files a motion to withdraw without consent, can the debtor contest that?

[LadyInTheRed]

So if an attorney files a motion to withdraw without consent, can the debtor contest that?

Yes. But, I'm not so sure I'd want an attorney who doesn't want to represent me.

[kmjatl]

Yes. But, I'm not so sure I'd want an attorney who doesn't want to represent me.

If that's the case I would contest it for no other reason to bring the court's attention to the fees he's charging. I don't know what the "local rules" are in this particular case, however my understanding is that attorney fees are limited by law.

And there's the "just to piss him off" factor as well.

[despritfreya]

You can contest the withdrawal but unless there is some litigation about to go to trial, the Court will most likely overrule your objection.

As to the legal fees, unless it is a "no-look"/fixed fee, the attny must apply to the Court for approval and, if such a Motion is filed, you can file an objection to the granting of the fees. If you are dealing with a no-look or fixed fee and therefore no application for fees is filed with the Court, you can contact the State Bar to see if it has some sort of fee dispute resolution program.

Des.