Legal Question in Bankruptcy in Texas

dissatisfied with attorney in bankruptcy case

I live in Texas. I'm sorry to admit that until this month, I had no idea what my disposable income was. I provided inaccurate amounts to my attorney and got stuck with a $5000 trustee payment when I filed Chapter 13 in May which I soon realized I could not afford. I made one partial payment and no more after that. In June, I told my attorney I wanted to surrender both of my vehicles, and in August, I told him I wanted to surrender my other house in an effort to lower my payment, and I assumed those modifications were being taken care of. I have since learned that no amendments were done. My attorney has neglected my case, and there has been virtually minimal contact from his office since I filed. The case is scheduled for approval or dismissal next week, and my attorney says the case will get dismissed b/c the payments were not made. It upsets me that he implies it's all my fault and refuses to admit he failed to do his job in getting my payments down, so I could get caught up with my payments before the hearing. I know he still expects to get paid his fee, but frankly, I am not satisfied with his services. He said he would try to get the case dismissed without prejudice so I could file again. Can I hire another lawyer?

Asked on 10/10/08, 1:55 am

1 Answer from Attorneys

James Pope The Pope Law Firm

Re: dissatisfied with attorney in bankruptcy case

Thanks for your inquiry.

If you are not satisfied with your attorney's services, you can hire a new attorney and have the new attorney substitute into your case. However, if your case is in complete shambles, then you may want to allow it to be dismissed and then refile. If you allow the case to be dismissed, then the bankruptcy protection afforded in your next case will be limited until you have a Court hearing to request that the bankruptcy protection be applied to your case. If an attorney/client relationship is no longer beneficial to you, you always have the option of retaining new counsel.

From your zip code it appears that you live in Spring, Texas (correct me if I am wrong). I am an attorney in Texas with an office in southwest Houston. I have experience representing both creditors and debtors in their bankrutpcy affairs and would be open to meeting with you if you seriously want to consider obtaining new counsel to either correct and complete the current case or refile a new case. Even if you decide not to choose our firm, remember that you hired your current attorney and you can also fire your attorney, if the relationship is no longer beneficial to you.

I hope you found this information helpful.

Best Regards.

The Pope Law Firm

Compassionate Attorneys on YOUR side!

[email protected]

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Answered on 10/10/08, 10:38 pm

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