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How necessary is it to use your attorney after you've been in plan for a long time?

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    #1

    How necessary is it to use your attorney after you've been in plan for a long time?

    My plan will be completed in March of 2016, so I have about a year left. My attorney's fees have already been paid in full (per the report I received from the Trustee's office). I haven't had to use my attorney the entire time we've been in bankruptcy, except for submitting the yearly tax returns (I have to send my tax return to my attorney and he sends to the trustee on behalf of me -- he prefers this so that he can look over the tax return). I sent my tax return to his office over 2 weeks ago and I have tried to contact them several times (phone and e-mail) with no response. I literally just want to know if they've received it, and they will not return my calls or e-mails. I just called the Trustee's office to see if they've received my return from my attorney, and they have not.

    My question is... how important is it that I even have an attorney at this point? He's really pissing me off. I have no idea if I'll need him before I'm discharged next year or not... I don't even know the process of getting discharged and what all I need to do, but I seriously cannot stand working with him and his staff any longer. Do you really need an attorney at this point in the game?
    4/29/2011 - Filed Chapter 13, have to pay a massive payment each month!
    6/16/2011 - 341 meeting
    7/21/2011 - Confirmed!
    Tags: None
    #2
    It may be different with others but in my case the atty. contacted me only to verify that there was no child support obligation to be met. We had taken the post bankruptcy credit course at the beginning of the plan. Other than that we heard nothing until we got the final discharge paperwork from the court.
    Filed 11/10/08

    Discharged 2/18/14

    Comment

      #3
      This isn't like firing a car mechanic that you don't like. You have come this far, and your attorney is the Attorney of Record for your case. You cannot remove him without petitioning the Court to have him removed and substituting another attorney, or yourself, if you feel confident enough to 'Proceed Pro Se'. The chances of finding another attorney to step in to your case at this late date are vanishingly small--not to mention new attorney fees. You may be able to persuade your attorney to remove himself from your case, but that still requires petitioning the Court, which in this scenario, your attorney would do. Again, do you feel up to doing the work yourself?

      'Hub and I were an Asset Chapter 7 case, and as it progressed we realized how inept and uncooperative our attorney was. We petitioned the Court to 'Remove Counsel of Record, and Proceed Pro Se' (or similar verbiage). At the hearing, the judge looked at us and said: "Mr and Mrs 'Hub, I understand your concerns, but the work is essentially done, and you are waiting on Discharge. I can grant this motion, but it will delay your Discharge. What would you like me to do?"

      We decided to have him dismiss the motion. But at least we cost this attorney a day away from work.

      Hang in there, I understand your frustration. It will be over soon.
      Last edited by AngelinaCat; 02-17-2015, 11:33 AM. Reason: corrected a grammatical error.
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment

        #4
        Keep in mind that most people do not file their tax returns this early. There is plenty of time to forward your returns to the trustee. Your attorney has to manage his workload according to what is most urgent. At this point, reviewing and sending your returns to the trustee is not a priority for him. That's no excuse for not returning your calls and you are right to be angered by that. But, IMO, it isn't reason enough to go pro se.

        Your attorney will make sure the i's are dotted and t's crossed so that you get your discharge. That's a huge comfort to me as I approach the end of my plan. AC is correct that you would have a hard time finding a new attorney. Stick with the one you have and hope that your need to interact with him continues to be limited.
        LadyInTheRed is in the black!
        Filed Chap 13 April 2010. Discharged May 2015.
        $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

        Comment

          #5
          I concur. A smart debtor attorney would review the tax return before simply forwarding it to the Trustee. They are paid to "monitor" your case (some of the fee in the Plan is for case monitoring). They review the return and if you are due a refund, deal with any potential issues especially in Districts where refunds are to be surrendered.

          Most Trustees don't expect to have tax returns in their office until April 15 and, even then, have some grace period to allow the late filers to get their copy to the Trustee "shortly" after the filing deadline.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment

            #6
            Yeah, agree, don't cut off your nose to dispite your face. (Is that how that saying goes?)

            You are so close and almost there, laugh at the inept atty and just get it over with!

            Good luck, almost done. !!
            Discharge date: October 2017 (will it ever get here?)

            Comment

              #7
              I'm so glad we have a very good attorney and staff - they always answer any calls or emails we've ever had within 24 hours. Hadn't had to contact them in a little over 2 years, and just sent an email to them 2 weeks ago to confirm all was good to go since we have now made our final payment. Same with our Trustee's Office - always have gotten back with us if we had any questions.

              Agree with the others...give it a little more time. If they still wont respond, then perhaps a personal visit is in order.

              Comment

                #8
                Yey, Pandora! Congratulations on completing your plan!
                LadyInTheRed is in the black!
                Filed Chap 13 April 2010. Discharged May 2015.
                $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

                Comment

                  #9
                  Originally posted by Pandora View Post
                  I'm so glad we have a very good attorney and staff - they always answer any calls or emails we've ever had within 24 hours. Hadn't had to contact them in a little over 2 years, and just sent an email to them 2 weeks ago to confirm all was good to go since we have now made our final payment. Same with our Trustee's Office - always have gotten back with us if we had any questions.

                  Agree with the others...give it a little more time. If they still wont respond, then perhaps a personal visit is in order.
                  WootWoot!!!
                  ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
                  Not an attorney - just an opinionated woman.

                  Comment

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