How do you fire chapter 7 attorney and represent yourself pro se?

[moorman]

I'm having problems with my attorney. If i decide to fire the attorney and go pro se, what is the correct manner? I know there is a substitution of attorney form the court uses, but since i would represent myself, what would be the procedure? Thanx.

[despritfreya]

You ask the attorney to file a "Motion to Withdraw As Attorney of Record With Consent" and you sign off on the Motion with the attorney.

Des.

[moorman]

You ask the attorney to file a "Motion to Withdraw As Attorney of Record With Consent" and you sign off on the Motion with the attorney.

Des.

I looked up the local rules and it looks complicated. All the creditors would have to be notified of the case again.

[AngelinaCat]

'Hub and I did this as we were very dissatisfied with our attorney. Except that we didn't do what Des suggests, instead we filed a motion with the Court "Motion to Dismiss Attorney and Proceed Pro Se". This was Summer of 2008. We filed December 28, 2007.

All of us, the attorney, trustee,and the US trustee, along with the both of us were called to a hearing in front of our Judge. The judge explained that he could grant this motion, and would gladly do so, but he further explained that since all the paperwork was in (and all the mistakes made because of her lack of educating us in the process were done and accounted for) that all we were waiting on was for the time to pass to when we would be discharged. The judge explained, that if he granted the motion, that it would be almost like resetting the clock and it would take longer for our discharge to happen. He gave us the choice, and we agreed that it would be in our best interest if the judge dismissed the Motion.

Good luck to you in your situation. We are in Florida, and our attorney was in Gainesville. Are you using a Gainesville, Florida attorney by chance?

[moorman]

'Hub and I did this as we were very dissatisfied with our attorney. Except that we didn't do what Des suggests, instead we filed a motion with the Court "Motion to Dismiss Attorney and Proceed Pro Se".

All of us, the attorney, trustee, along with the both of us were called to a hearing in front of our Judge. The judge explained that he could grant this motion, and would gladly do so, but he further explained that since all the paperwork was in (and all the mistakes done and accounted for) that all we were waiting on was for the time to pass to when we would be discharged. The judge explained, that if he granted the motion, that it would be almost like resetting the clock and it would take longer for our discharge to happen. He gave us the choice, and we agreed that it would be in our best interest if the judge dismissed the Motion.

Good lick to you in your situation. We are in Florida, and our attorney was in Gainesville. Are you using a Gainesville, Florida attorney by chance?

Not using a Gainesville attorney.

[AngelinaCat]

Hi Moorman: I have made some corrections in my post since you quoted it.

[LadyInTheRed]

I looked up the local rules and it looks complicated. All the creditors would have to be notified of the case again.

If that sounds complicated, you may want to reconsider representing yourself.

Also, I suspect you are misreading the rules. I very much doubt that replacing your attorney requires notifying creditors of your case again. You probably do need to send them notice of the change in attorney, if notice isn't sent by the court clerk.

[despritfreya]

I looked up the local rules and it looks complicated. All the creditors would have to be notified of the case again.

Please cut and paste the "local rule" in its entirety so that we can further comment.

Des.

[moorman]

Please cut and paste the "local rule" in its entirety so that we can further comment.

Des.

Got to go back and find it. It basically said that any adverse parties to the case must be notified by mail of the case number and the debtors contact information. Im assuming that means all your creditors ( adverse party).

[despritfreya]

Got to go back and find it. It basically said that any adverse parties to the case must be notified by mail of the case number and the debtors contact information. Im assuming that means all your creditors ( adverse party).

Really need the entire Rule. The Motion to Withdraw must include the Debtor's contact information for the Clerk of the Court/noticing. That does not necessarily mean the Motion has to be sent to all creditors. Regardless, your attorney will know what to do. Just call him/her and ask him/her to withdraw.

Des.