Can I dump my lawyer and go prose at ceditors meeting?

[rude]

Have my chapter 13 creditors meeting tomorrow. What kind of problems will I have if I ask to dump lawyer and represent myself?
My lawyer has valued my assetts at more than twice what I feel is fair. I think he wants me to pay as much as possible to my biggest unsecured creditor...another attorneys bill.
Assets in question are junk boats and motorhomes that have no value and would cost 5 to 15K to have removed and used car parts listed on ebay that are valued at 60% of asking price that cost 20% and have not sold. I would abandon all assetts as not worth moving or storing if I lose home.

[malf1204]

You know what they say about a perosn who act as their own attorney... I do believe you would need permission from the Judge for you attorney to be off the case. He would need to file a motion to withdraw as the rules state that you cannot act pro-se if you have an attorney on record.

[AngelinaCat]

No you cannot do this at the Creditor's Meeting. You have to file a motion with the Court to 'Dismiss Attorney, and Proceed Pro Se'. That will be a separate action. We did this and were successful. However by the time we did it, the work had already been done and we were waiting for our Chapter 7 to discharge. The judge said he would rule in our favor, but if we did, it would delay the discharge, so we agreed that we would he happy if he dismissed the motion.

Your's is a Ch13, however, and I do not know the impact of doing this. Follow, and ask Justbroke his advice. He was a pro se Ch13 filier, who converted to a Ch7.

Good luck to you. I know the frustration of having a lousy attorney.

[frogger]

My lawyer has valued my assetts at more than twice what I feel is fair. .

You signed the petition. What changed?

[LadyInTheRed]

Did the overvaluing of assets result in you having non-exempt assets and a minimum plan payment that is higher than it would otherwise be?

Frogger makes a good point. Why did you sign the petition if the assets were overvalued? Have you talked to your attorney about amending the petition to lower the values?

[HHM]

Nothing happens at the creditors meeting, so no point in dumping at this point.

However, Lady in Red is correct, you "must" have signed the petition. Why didn't you address the issue at that point.

I doubt your attorney is "working" against you. Does your attorney "know" that these assets are junk. When YOU supplied the values, what did you tell him or her. Did you supply pictures to demonstrate the condition of the assets.

Understand, you are only about 40% to 50% of the way through your chapter 13 process. Confirmation lies ahead and that is where the pro-se debtors REALLY get taken advantage of, so this is not the best time to go pro se. Most likely, your attorney, as part of the confirmation process is going to need to make changes anyway (that is to be expected), so schedule a meeting with your attorney to discuss the values and necessary plan changes.

However, if you want out, you will still need to talk to your attorney. Proceedurally, the easiest way to do so is to work with your attorney and sign Substitution of Attorney (where you substitute yourself) and have your attorney e-file it. Note, that doesn't mean your attorney does not get paid. If this was a low up front fee case (e.g. $500 down, balance paid through the plan), your attorney will still get paid through the plan for the work that has been done. So, I hope you are not thinking you will be getting any refund.

[AngelinaCat]

On thinking some more about this, I think you need to talk seriously with your attorney BEFORE you go to that Creditor's meeting tomorrow. And for Heaven's sake, don't just not go to the meeting--if you do that you run the risk of having your case dismissed.

Talk with your attorney before the meeting, and tell him what you think is wrong. You will be asked, under oath, if everything on your petition is true and correct. At this point, you speak up and say "No, it isn't." Answer any questions the trustee will have. Do NOT let the attorney over-talk you, if he/she is present.

Then after that, be ready for a huge fight with your attorney--either there, or afterword.

Again, Good Luck to you!

[kornellred]

Filing for bankruptcy pro se is a decision made before contracting with an attorney. You will not get any money back - that's out of the question. You might be able to voluntarily dismiss your case and then re-file at some future date, but you will fare no better in terms of the amount of the plan payment, because the trustee will undoubtedly compare your proposed plan with the plan from your dismissed case.

[AngelinaCat]

So, how did your meeting go?

[JimKutkowski]

On thinking some more about this, I think you need to talk seriously with your attorney BEFORE you go to that Creditor's meeting tomorrow. And for Heaven's sake, don't just not go to the meeting--if you do that you run the risk of having your case dismissed.

OK, a couple of issues here.

1. You signed this document 45 days ago. I have about 15 active cases in bankruptcy and 15 active DUI cases at any given time, so I get the values from my client. Your attorney is not likely to be working against you. One of the things you should know is that other lawyers, particularly corporate or med mal lawyers look down on us as ham and eggers. We are not going to help some corporate attorney get rich on your back. Why didn't you correct this document when you met with your attorney?

2. Even if your attorney charges you to have another 341 meeting, I would strongly suggest trying to get it postponed. A bad 341 meeting can derail your case. While it is true that nothing at the meeting has the force of law, the Chapter 7 or 13 trustee can get ideas that will set things in motion that will have the force of law.

3. Unless you are certain your attorney does not have your best interests in mind (unlikely, but not impossible) do not punt your lawyer. You already paid him/her to handle this matter. If I had to file bankruptcy, I'd hire another attorney to do it.