Legal Question in Bankruptcy in California

Did Attorney Look Out for My Best Interest?

Filed ch 13 in 2004 to keep family home. Had to sell home paid off all debts except auto loan @ 22,000 reduced to 13, 805. Paid 31,000 into plan (including 13,500 to auto loan) but fell behind and needed to have plan modified. Attorney would not modify and converted to chaper 7. have paid almost all of the car loan (300 remaining while I was in chapter 13) but now I have to pay 2,100 or the car gets repossesed? I have another meeting of the creditors soon. I don--name removed--agree with my attorney at all. Can I state my concerns to the judge in that meeting? Please advise.


Asked on 10/18/08, 3:33 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Did Attorney Look Out for My Best Interest?

Did your attorney tell you why he won't seek a modification of the plan, or conversion to chapter 7? If he did it on the basis that such services were not a part of his original retainer, and that you must pay additional fees for that work, then he's probably correct. We don't include future plan modifications in our base fee, and would charge more to do so. If, alternatively, the attorney has another reason for not wanting to do the modification, then he needs to explain clearly to you why that is the case. If its laziness, then that is not permissible. If it is because he feels that there are not grounds for a modification or conversion, he may have proper basis for rejecting your request. You haven't provided enough details to know why he is refusing. You can certainly express your concern to the court, but that is not the proper forum to resolve your differences with your attorney - you need to work with your attorney to know why he is not willing to do this work.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 10/20/08, 12:58 pm


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