can you change attorneys during your bankruptcy? I'm wanting to convert my 13 to a 7

[busbis]

My husband and I are divorcing and going through a chp 13. He agreed to do an early payout with a withdraw from his 401K however we surrendered 2 properties and my attorney is saying because the properties have not transferred over we can not payoff until that happens. The creditors haven't even started and its been 9 months!

My question is this....My husband and I are over the median income, however I have come across some opinions in the district I am living (Northern District of Georgia) where the judges state that you can included surrendered property on your means test since we are contractally liable for the debt over the next 60 months. My attorney said we couldn't do that. If we included the debt at the time we filed we would have been in -$930 each month. Is it too late to convert my 13 to a 7 since I still own the properties (even though I'm not paying) based on this fact? My 2nd question is I do not like my attorney at all! Can I change my attorney during this process? I just don't think he knows what he is doing if he didn't even know about this!

[Flamingo]

You apparently were not divorcing at the time you filed your joint Chapter 13. Now about 9 months later, there are complications. First, so soon in a Chapter 13, I am not certain if your hubby will be allowed by buy out with funds from his 401(k). As to the surrendered properties, when were they surrended; after filing? If you still had the properties at the time you filed your attorney is correct. I am assuming they are being surrendered as a result of the divorce. Do you have a divorce attorney and a BK attorney or one and the same? If there are two, which one don't you like? I suggest you sit down and have a good talk with your BK attorney to get a full handle on the situation because it appears your Chapter 13 will have to be dismissed or paid off as a result of the divorce situation. When there are major complications as you are having, it's best to work as closely with you can with your attorney because your stress, financial issues and problems are doubled with the divorce.

[busbis]

At the time of our filing, I hadn't known about his significant other. We tried to work it out, but unfortunately, it just became to hard to even look at him.

As far as the surrendered properties, it was part of our plan. Right now he is living with a family member so we are managing what we have to. However, I thought if we can't payoff early, why didn't my bk atty mention that we could have done the chp 7 at the time of filing. The bk atty mentioned that we made too much money for us to qualify. We still would even if we divorced and filed seperately. But in reading some of the opinions given in my district, on a chp 7 they allow you to include payments on your means test even if you are surrendering the property. My question is if I could convert to a 7, redo the means test and since I still own these properties include on my means test. This way, I can move on with my life and he with his. I would much rather finish what we both started instead of dismissing and starting again by myself. We filed together, we could convert together.

My bk atty just says no I can't qualilfy,so I wanted to see about changing atty's then converting. Can this be done.

[Flamingo]

No need to explain about your divorce situation...lots of us have been through it and understand how hard it is to go through. Note that due to your income at the time of filing you would not qualify for a Chapter 7. So you are in a Chapter 13 with questions trying to figure out how to convert to a Chapter 7 even though your attorney has advised you that it cannot be done. Have you discussed those district opinions with your BK lawyer. If not, do so, and have him explain everything to you. You have a complicated filing together with a divorce going on at the same time.

Since you and your husband are still married, you are still together on the Chapter 13 and that would have to be dissolved and settled and the property situation taken care of. You cannot change an attorney in the middle of your Chapter 13 and no attorney will take over another attorney's filing. Since joint property is involved in the Chapter 13, you do have quite a complicated situation and hopefully there are some other folks on here that can help you out more that have been in Chapter 13's and have gone through divorce proceeds during that same time period.

I do think you are being advised correctly by your BK attorney. Have you retained an attorney for your divorce? Maybe he/she can shed some more light on the property situation involved in this for you.

Any any event, best of luck to you and I hope things work out to your satisfaction.