Legal Question in Bankruptcy in Louisiana

Motion to Sell Real Estate

I am wanting to sell real estate (raw land) that is currently listed in my Chatper 13 Bankruptcy. I want to use part of the equity to payout the plan. My attorney advised me to find a buyer and provide him (attorney) with a estimated HUD Settlement Statement,which I did. He stated that it would take 4-6 weeks to get the Court's approval. As of today, he has had the information for 2 weeks and has not worked on the motion. His office has advised he is out of town working on another case. The buyer wants to close either by the end of this month, or at by 06/10/06. These dates would have allowed for the 4-6 weeks to gain the Bankrupty Court's approval. I wordering if I should find another attorney, and how do I go about it?


Asked on 5/08/06, 11:50 am

1 Answer from Attorneys
Hardy Parkerson Retired Attorney; now Law Professor

Re: Motion to Sell Real Estate

Dear LawGuru Friend,

Your question is really not a legal one, but a practical business one: what should you do? I suggest you get the lawyer's FAX number and write him a note telling him that you know he is a great lawyer and a busy one, but that you want and need to close this matter by the date you have set forth in your question. Ask him if he thinks he can find the time to take care of this matter so that you can meet your deadline, or if he thinks you should try to get another lawyer who has the time to get right on it. All great lawyers are extremely busy, and sometimes it is just hard for such a lawyer to find the time to sit down and do even a small job, since he has been so overwhelmed with larger, and what seem to him, more ponderous matters. Be nice about it, but do let him know your feelings and anxieties. Try calling him on the phone to talk with him; and if you can't get him on the phone, then FAX, e-mail or write a hard-copy (snail-mail) letter. I find that in this electronic age, sometimes snail-mail goes unopened for long periods of time. Also, I have also noticed that many recipients of e-mail do not take it serously and chose to ignore it. At one time FAXes were ignored as a matter of course, but now it is the fastest way to get a hard-copy of a letter to anyone. There is something to be said for "seeing is believing," and that is one reason that FAXes are taken more seriously than e-mails. That is the best answer to your question I can give you. I hope it helps you to think through what you should do and how you should do it. For one thing, you don't want him to drop your Chapter 13 so that you have to hire another lawyer for the Chapter 13 and pay the initial fee and such all over again. Good luck to you! Act now! Don't wait! Again, good luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

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Answered on 5/08/06, 11:13 pm


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