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Attorney widthraw in the Chapter13 plan

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    Attorney widthraw in the Chapter13 plan

    Hi, I've been following threads in this forum and I have not seen (or maybe have not found) a case like mine. I'm 10months from our Chapter 13 plans and all of a sudden I have received a letter from our trustee that the Judge for our case ordered our attorney to widthraw from representing us. Apparently they have filed their own bankruptcy. It happened in AZ. Now this attorney was actually our 'second' attorney for our case as the original one sold its business to them, thus, its clients as well. We've been diligent with our monthly payment and is really looking forward for this year for the discharge until this happened. I've seen that these 2 firms that represented us got paid during the plan (both fully) and my wife and I were thinking of not hiring another lawyer. The Trustee's letter said that they will provide a one-hour consultation with their Pro-bono lawyers if in case we have not found one yet.

    Since we are just 10-month away from 5 yr payment plan, how difficult would it be to represent yourself in the latter part of the Chapter 13 until discharge? Or do you advise another lawyer to take our case and pay them again?

    Any reasonable suggestion here. If we are to take it upon ourselves, where can I get info in doing so?

    Thanks

    #2
    I wouldn't hire an attorney unless some problem comes up that requires one.

    There isn't all that much to finishing up a Chap 13. You just need to figure out the local procedures. If you pay your plan payment through wage garnishment, who requests that judge issue a stop order? Who files a motion for the discharge order?

    You need take your financial management course if you haven't already and file a certificate of completion: http://www.uscourts.gov/uscourts/For...uptcy/B_23.pdf (see instructions at the bottom and check to make sure there isn't a local form that replaces this one). You may also have to file a declaration regarding domestic support obligations.

    A one hour consultation should be enough for you to get the information you need.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Please review the below thread. After doing so, post any question you may have in this forum (bkforum) and, once you have enough posts you are free to PM me if you have additional questions.



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