my BR lawyer retired!

[kst7488]

im in payments and my case was approved and all. do i need to get a new lawyer right away or no? i dont forsee any problems with my payment plan (not that anyone ever does i am sure).

what would you do?

[HHM]

Were you with a 1 lawyer firm...or does the law firm still exist?

You don't really need to do anything right now. But if something were to change making it such that you need a lawyer, you would need to be proactive from the get go since you would have to go hire an attorney first, which could take a little leg work.

On the other hand, you can probably handle any routine matters on your own (request to incur new debt...e.g. to buy a car), but if you needed to convert to a chapter 7, or amend your plan to lower the payment, then you would probably want a lawyer at that point.

[kst7488]

he was a one lawyer firm. thanks i didnt know if i had to hhave a lawyer on file at all times incase the trustee needed contact with them.

[lrprn]

he was a one lawyer firm. thanks i didnt know if i had to hhave a lawyer on file at all times incase the trustee needed contact with them.

Did your lawyer notify you that he/she was retiring? How did you find out?

Sometimes single lawyer practices will move their active Ch 13 cases to other lawyer colleagues in the area who agree to help you just in case additional representation is needed. (This usually isn't necessary in a confirmed Ch 13 case unless something drastic and long-lasting changes in your income or expenses.) Did your lawyer arrange for that?

[kst7488]

i got a letter in the mail from another lawyer saying that he could take over my case if i wanted becuase he had retired, and i double checked with the trustee and it was true. nice of him to let me know right? ugh.

i was just worried that the new lawyer would want money to tranfer the case to him even though nothing needs done ATM.

[lrprn]

i was just worried that the new lawyer would want money to tranfer the case to him even though nothing needs done ATM.

You've already paid your first lawyer to file your Ch 13, so no more costs should be associated with your case. The one exception is if something significant happens before your 13 is discharged (your income goes way up or way down, or your expenses go way up) that will be long-lasting. Then the lawyer that contacted you will likely ask for additional money to file an amended Ch 13 or convert your 13 to a 7. That would very likely happen anyway even if you stayed with the same lawyer you filed with.

The fee we pay our bk lawyers at the start of our cases pays for the standard stuff only. If something unusual happens, then the lawyer has every right to ask for additional funds because his/her extra legal work to handle the unexpected is outside the normal bk case.

Contact the lawyer who sent you the letter and find out what his conditions to take over your case are. It's best to be proactive about this, because you don't want to be scrambling to find representation quickly if something unexpected in your life does happen.

[sassiebaz]

That's so funny.....well not really but, it reminds me of my situation. When we filed chapter 7 over 5 years ago, we knew our lawyer was retiring. Case dismissed and we never heard from him again. Which was totally expected. Then something came up on my credit report and I called the last number I had for our lawyer, so I could ask him a question. He was so upset I called him and was like "How did you get this number?" I told him it was the last number I had for him and he said "I'm no longer practicing". I was like, well I just had to clarify something so I needed to ask you a question......and that was the last of that. But, it was weird and so this thread caught my attention....

[optimistic1]

This is one reason that I chose a firm, rather than a solo attorney. What if's?

[kst7488]

yeah he came reccomended too. bleh.