Changing Attorneys in the middle of Chp 13

[dirtpoorinil]

I am so distressed over this bankruptcy attorney I have. I originally filed for 13 last may and my husband who was our sole support has a heart attack in July last year and now just had open heart surgery not even 11 months later. My problem is the firm I used has changed attorneys 3 times with in the past year and a half. I met in april with the lastest one and he was so rude and treated me like I was dirt under his nails. The other attorney wasn't like that and was very helpful, unfortuately he left the firm and move out of state. I want to change attorneys but I don't know if I can and considering the amount of money I paid to them I hate to pay another attorney, but I have to convert to chp 7. My home is being foreclosed and I am now about to be single. There is no way I can make the chp 13 payments and continue to live. My question is will I lose my only means of transportation by doing so?

[Flamingo]

You are asking some questions no one on here can answer without much more information. As to your main question, financially-wise it is best to stay with your current attorney and what I would do in your situation (if you are afraid to directly contact your present attorney) is call the officer manager for that law firm and explain you are not happy with the way you are being treated by this new attorney and ask for another attorney from that firm to be assigned to your matter. Also explain your circumstances and that you may have to convert to a Chapter 7. It doesn't sound like you are being misrepresented, it sounds like you just don't like the attorney. In any event, your attorney needs to be informed of these circumstances so the proper action can be taken.

[dirtpoorinil]

Yes, it is true that I do not like my new attorney. I have spoken to the office manager and have also asked for the ph# or contact of the owner of the firm. This is the only choice of attorney that I am given. I have taken documents reguarding my bankruptcy and spoken with him. He stated to the office manager he didn't have my current ph #. He has all my phone numbers. Even after his "apparent" conversation with the OM he told her he would give me a call. That has been 3 weeks ago. So is it truly that I don't like my attorney. I'm just at a loss. That would be great if they would offer me another attorney in the same firm, but there is no one in my area with this firm. Thanks for the reply.

[Flamingo]

You can do one of two things; stay with the firm (and attorney) you are with now or investigate finding another attorney who will take your matter. If you go with another attorney, you will incur much greater fees and costs and it doesn't seem you can afford to do that. To find another attorney, I suggest you call your State Bar Association (in the phone book under the "state" section) and ask them for the names of reputable attorneys in your area. Attorneys are just like any other professional (i.e., doctors). They come in all sorts of personalities and have different work ethics and if you don't like the way you are being treated or how your matter is being handled, you do have the right to find one you will like. However, you have to deal with the financial cost of any change. Best of luck to you...

[dirtpoorinil]

Thanks for your help. I would also like to know. Since my husband didn't file with me and I convert to chapter 7, they will still ask for his income, even if we do not live together?? He has no income at this time due to illness but I suspect he will return to work at some point.

[Flamingo]

I saw your other postings in a thread as to foreclosure. I am a bit confused. You speak in that thread as if you and your husband are still together. Are you now separated? Does he contribute to your support in any way?

[dirtpoorinil]

No, he does support us in anyway, but we are legally married. Yes, the house is foreclosed and no way out of that...all of us have sad stories. I'm just wanting to know if anyone knows or has advise for this situation. I don't even think I can convert to 7 and start over because of the median test of this income. I make $900 a month on my own...my daughter and I struggle to buy food after the bills are paid, frankly, I wouldn't even have internet serv if my job didn't require it.

[Flamingo]

As I stated previously, you would have to post much more information than you have done in order for anyone to give you any opinion as to your financial status, your car question, etc. Without that information, it's a guessing game. But as I stated if you switch attorneys, it is going to cost you more. If you do a post from start to finish of your situation (i.e., Chapter 13 details and what is occurring now financially and amounts) to have you consider Chapter 7, more people can help you out.