Considering Replacing Attorney

[Johnworker1]

I met my bankruptcy attorney from a referral of a good friend. My attorney used to be available to contact anytime and amazed me all the info she provided and how well she would strategize. Unfortunately I have had to file multiple times and time has passed (12 years) and she is not the same person but hey neither am I.

I wondered if the credit union did something wrong under her watch or possible she just isn't that concerned about my case since it's been awhile. Unfortunately I was behind in my taxes then and didn't want to raise any dust with the process and get my case thrown out but I am in a better position now and trying to strategize my options now.

Should I contact other bankruptcy attorneys for a second opinion? Is it a small circle of attorneys that the new one might contact the old one or does that even matter. Has anyone switched attorneys during their bankruptcy?

[justbroke]

As despritfreya would probably agree, there's just too much data missing to address the issue with the claim. Claim policing is usually done at the beginning of your Chapter 13, as claims come in, and before confirmation. Or, worse case, the policing is done shortly after the claim is filed (especially if it's late).

I don't know if waiting 36+ months to address the validity of a claim is going to work. For example, our Florida Northern District (FLNB) has a local rule which requires that a Chapter 13 claim objection must be filed no later than sixty (60) days after the applicable claims bar date (unless extended by the court).

I hope it's not the case that the claim was filed and there was no timely objection.

Switching a Chapter 13 Bankruptcy attorney after confirmation is usually not useful at all. The most significant thing is getting to confirmation and a Chapter 13 is relatively quiet after that. It can also be difficult finding another attorney to take the case and it could cost you $$$$.

[Johnworker1]

Thanks points well taken.
I will dialogue with my attorney and see if they can point out the cause of my issues and if there is any recourse. If not I will continue as planned and if possible pay it off early.

[Johnworker1]

I researched and found a highly recommended bankruptcy lawyer but after hearing my story he said there is nothing that he can do. This backs up what you said about being difficult to find another attorney.

The short of it is that after that after the confirmation hearing I was told that I would have to pay 37k of dollars over 39 months. At the 39 month I requested an audit and it showed that I owed 58k more. My attorney tried to say that nothing was wrong and that it was on my initial paperwork and that I was confused on the numbers and the length of the repayment plan.

I did my own research and turns out one creditor filed 2 months after the confirmation hearing for the full amount of secured loans that it took possession of property. She is not giving specifics as to what has happened nor directly answer my questions so I have lost faith in her being my advocate/representative. She will not point out what lapsed allowed that to happen nor gives me any options. If there is nothing that can be done I can accept that I just want to be clear in understanding.

As despritfreya would probably agree, there's just too much data missing to address the issue with the claim. Claim policing is usually done at the beginning of your Chapter 13, as claims come in, and before confirmation. Or, worse case, the policing is done shortly after the claim is filed (especially if it's late).

I don't know if waiting 36+ months to address the validity of a claim is going to work. For example, our Florida Northern District (FLNB) has a local rule which requires that a Chapter 13 claim objection must be filed no later than sixty (60) days after the applicable claims bar date (unless extended by the court).

I hope it's not the case that the claim was filed and there was no timely objection.

Switching a Chapter 13 Bankruptcy attorney after confirmation is usually not useful at all. The most significant thing is getting to confirmation and a Chapter 13 is relatively quiet after that. It can also be difficult finding another attorney to take the case and it could cost you $$$$.