Ch.13 (Old Law) Losing Atty...Help

[dweezil]

Hi All! I am a newbie here...I have been "observing" for a while and now have decided to post! A little background...I have been in Ch.13 BR since 9/05, confirmed 11/05 and am starting my 2nd year of repayment. Have had some problems along the way ~ but luckily things have worked out.

I have had one amendment back in Dec/05 due to major surgery my payments were put on hold for 6 weeks for recovery. Then, I lost my job during that time, due to company restructure (nice, huh)? During that time I was making the payment to the Trustee directly via money order. I found a new job, lost my attorney ~ he left the firm (2 partner firm), and his partner (who owned) the firm took over my case). He was now the Sole Proprietor of the firm.

When, he took over my case there were some "obstacles" to conquer such as getting a new wage order started with my new employer, the amendments filed correctly, etc.

Well, just when I thought things were going smoothly I got another "bomb" dropped on me abruptly, yesterday afternoon.

My attorney called me quite suddenly at close of business, Friday afternoon, and told me he was in no loss of words "closing shop" due to "personal reasons" he would "rather not disclose". This was a very fast, and almost not understandable conversation. He was giving the courtesy of telling me he was not leaving me on the "street" per say. He was turning my file over to another attorney with a firm. He didn't give me the location, street address or phone number of this attorney just the name.

Funny thing is - I cannot find this person listed anywhere this weekend. Not on the local State Bar registry on internet, not in the phone book, not on the interet, no where. I do believe this person used to work with someone that used to work with bankruptcies at some level.

I was told I would be receiving some information, or a release I needed to sign via US mail and I needed to get back to my Atty ASAP for the transfer to the new attorney. I was told that any new fees related for the transfer to the new Attorney or for this Attorney to take over my case would be added into my Chapter 13 repayment plan with the Trustee.

Is this something I should have to pay for? Do, I not have a say as to who take's over my case? I am just a tad worried here? I am hoping that this Attorney at least has some Prof. Liability Ins. My attorney has indicated that he has no time right now to see any of his clients. I have this dreaded feeling that everything is going to be sent to a PO Box. I believe that his office was being shut down Friday afternoon.

Should I call the Trustees office on Monday and ask if they know what is going on? Should I call the State Bar Association to see if this new Attorney is even licensed with them? I am just a loss here. I have never had an attorney before filing for BR before. A few weeks back when I last spoke with my Attorney he seemed a little bit harried and had overbooked himself with 3 appointments and I was a little worried, and should've followed my "gut" feeling that something wasn't right ~ but I didn't.

I know I shouldn't "fret", as there really isn't much I can do between now and Monday ~ but - if indeed - his office was shut down for unknown reasons and my file is in there - or whatever - what do I do?

My Chapter 13 includes includes my Mortgage on my Condo and My Car. My Condo which I have owned for almost 10 years. I am trying very hard with this Ch.13 and to abide by it. I have had some major health problems ~ and working with the repayment plan is very hard, as we all know - the stress factor's that come with life are also hard. My house is all I have. I couldn't file a straight 7, because of the equity in my house - I would have had to lose it. I would have lost my pets. My four walls are my foundation.

So, of course a stress factor like this doesn't help anything.

Under the Ch. 13 laws - doesn't the Attorney - if they leave your case, are they not obligated to find another responsible Attorney to take over your case? Do you not have a say in the Attorney?

Sorry, if I rambled on and on....but I feel like I am up against a "wall" here. If anyone has any suggestions that would be great!

[HHM]

Honestly, you really shouldn't need your attorney at this point, most attorney's bow-out of chapter 13's after plan confirmation, some may still monitor a case in the initial 6 months after plan confirmation, but then you are typicall on your own.

However, you shouldn't incur any fees for the transfer of a case, but if there is ongoing work to be done, then you will incur new fees that that the attorney will pull from the plan by making a request to the court for additional fees.

Technically, you have a choice as far as what attorney you want...but an attorney is not forced to represent you. What it sounds like to me is that this guy "sold" his practice to another attorney, meaning the attorney bought your attorney's clients. Its no big deal really, it happens frequently...but you do not have to accept the representation...however, if you reject the representation you are on your own...and if you want or need an attorney, you will have to find one.

Honestly, even with some of the issues you have had, this is something you should not worry about.

[dweezil]

Ch.13 (Old Law) Losing Atty...Help

Thank you for the reply...I thought under the old Law's for some reason I still had to have legal representation by an Attorney throughout the remainder of my Chapter 13 plan - at least that is what my first Attorney (his Partner) had indicated to me.

I thought that is what the Attorney was there for the course - in case there were amendments that needed to be filed, etc.

Thanks for pointing this out to me - this was very helpful.

If he is indeed doing this as a courtesy to me, that is great. I did not realize that after the confirmation of a Chapter 13 - you were just "cut loose" from your Attorney and on your own for the remainder of your payment plan and the course of your Chapter 13 term with the Trustee.

I didn't know that when you paid the filing fee with your Attorney for the Chapter 13 and their fee all their representation for your ended at the point of the confirmation and that was it ~ and you on your own going forward. So, I guess I was lucky they help me out after the fact, huh?

So, if I sign with the new Attorney or I don't and something comes up down the road where I am disabled perhaps? Need an amendment? Need an amendment done due to my mortgage increasing or a pay raise ~I am SOL because I don't have an attorney ~ I will need to pay a retainer fee all over again to have the paperwork done and filed with the courts and the Trustee to have the amendments done? Or, is this something I should do on my own?

Any suggestions on this? I know that with my Mortgage it is an ARM - it will go up as with my Winter Taxes and an amendment will have to be done almost yearly. Is this something I could easily tackle myself?

In other words, I should consider myself blessed that my Attorneys have stuck with me since I was confirmed and not cut me loose after confirmation and helped me out with the amenments that had to be made with payroll orders, amendments to plan for mortgage increase, etc.

Thanks again.....

[HHM]

It varies with attorney's, obviously...technically, from the court's eye's, your attorney is with you until (1) the attorney is substituted by another attorney, (2) discharged by you, (3) your case is dismissed, (4) your case is closed. However, that doesn't mean your attorney is obligated to do anything for you after plan confirmation...the fee you pay in a chapter 13 typically only covers up to Plan confirmation, and maybe a few months of monitoring post confirmation, after that, any work that your attorney does will require additional fees.

Generally, most people in a chapter 13 aren't in a position to pony up additional fees for additional work...so effectively, you are on your own after plan confirmation. And probably in about 50% of cases, there is not enough room in the plan for additional attorney's fees.

Basically, the point is, the attorney may be your attorney for the duration...but they don't "have to" do anything for you after plan confirmation.

Incidently, if you were paying by cashiers check, why did you, or want, to switch to payroll deductions?

[dweezil]

Ch.13 (old Law) losing atty...

Thanks! for the info
It makes it easier definitely now, and clearer to see things....

Regarding the payroll deduction.....when I was paying on my own it was because I didn't have to a job to go back to while I was recovering from major surgery and the payments were already temporarily suspended.

So for about 4 months I was paying on my own directly to the Trustee even while I had found full time employment at my new employer - until I could break it in to the new employer easily about the bankrupcty situation and the wage order that would have to be started.

I didn't want to do it to soon after starting for fear of possibly losing my job. My Attorney said all along that eventually by Law the Trustee would require a new wage order to be started.

Finally, once I realized that I had a good, secure job I told my employer and they were actually willing to work with the wage order and keep everything confidential ~ I had been employed for almost 4 months. By this time, the Trustee was inquiring about my employment status and wanted a wage order started anyways, and I was starting to get tired of running around each pay period at lunch to go to the bank withdrawl the money from checking, run to the the Post Office (my bank charged $4 per money order vs. Post Office $1.95) get a money order, make copies, and mail it with it with postage to the Trustee each pay period.

It just exhausting ~ the hassle of it all! This way - it taken right out of my paycheck - sent right to the Trustee and I don't even have worry about it.

You know, it's funny - at the beginning when I first started paying the Trustee the payment plan, I fought "tooth and nail" having to have a wage order in place. I wanted to pay directly, I didn't want my employers involved because of the shame, fear of losing my job, etc.

Now each pay period I see the money is taken out of my pay check and mailed directly to the Trustee. No one outside of my Boss or the Controller at work know what is going on and that is fine with me.

It's less run around time for me ~ less hassle ~ and matter of fact ~ no temptation of that money ever being there.