Our attorney passed away

[dampad]

We found out at the 341 meeting that our attorney passed away. We got a letter in the mail just this week from a law firm saying that the poor guy died in a house fire. The law firm said that they would not represent us but is willing to add a few creditors onto the BK. I have received two collection agency letters from creditors that I know were notified of our BK. I know they are violating the automatic stay. I searched all over the internet trying to find out how to file an complaint against these creditors in court. I do not want to hire another attorney as we already paid our attorney. Our attorney worked out of his home and did not have a paralegal or an partner so we are SOL. Could someone tell me how to file an complaint in court?

[AngelinaCat]

We found out at the 341 meeting that our attorney passed away. We got a letter in the mail just this week from a law firm saying that the poor guy died in a house fire. The law firm said that they would not represent us but is willing to add a few creditors onto the BK. I have received two collection agency letters from creditors that I know were notified of our BK. I know they are violating the automatic stay. I searched all over the internet trying to find out how to file an complaint against these creditors in court. I do not want to hire another attorney as we already paid our attorney. Our attorney worked out of his home and did not have a paralegal or an partner so we are SOL. Could someone tell me how to file an complaint in court?

I am so sorry your attorney had to pass in this fashion. I hate and am very afraid of fire. I hope that he/ she was a good one and left you with good copies of your paperwork in YOUR possession.

Now, go to the nolopress.com site and purchase their downloadable Ch7 book. It is newly updated (Oct. or Nov. 2008) so you can get the latest info.

Next, go to your BK court district and find their telephone numbers. Locate the case-worker for your case--it is coded by your case number--and call and explain the situation to that person and ask what to do.

I would think that under the circumstances you should be able to call your trustee's office and get information there. But I am betting that you are going to end up talking to several office people, all of whom will be replying: "Duhhhhhhh........!

You may have to go to your BK court district's website and look for your BK judge's rules of court and review them.

You may have to make your own motion to the court. That is why I suggested buying the book, and looking up the rules of the local court.

Good luck.

[dingdong]

You might want to call the local Bar association, explain what happened and ask them if there is anything that can be done through the Bar.

There might be some kind of protocal in place for situations such as these.

Another attorney who is familiar with yours may step in and pick up where yours left off?

Sorry to hear about the loss, that is tough for both you and your attorney's family.

[optimistic1]

This is the exact reason, that I will choose to hire a firm, rather than a solo attorney. I was think about the "what if's?"

Although I can tell you, after almost 10 consultations later, I realize that the solo attorneys, are far better more knowledgeable about the law, and provide the most personal attention to their clientele.

So its like the old saying goes, "caught between a rock and hard place".


In terms of acutally filing a complant or suit against the CA for violating the stay, there might be some technicalities that would prevent you from doing that, but Im no expert.

HHM might be able to give you a better path to filing complant/suit against the CA.

Or try searching the threads for keywords.

[JRScott]

Sorry to hear.

Is the trustee aware that you lawyer is dead?

If not you need to let him know.

In the 341 I assume the Trustee knows if you found out then your lawyer had died. Did he conduct the 341? What did he say?

[dampad]

Sorry to hear.

Is the trustee aware that you lawyer is dead?

If not you need to let him know.

In the 341 I assume the Trustee knows if you found out then your lawyer had died. Did he conduct the 341? What did he say?

The trustee told us that our attorney died. All the trustee said was that he died the day after Christmas and that the court would provide a stand in lawyer for us during the meeting. We got a letter in the mail from the court yesterday. We are going to have to retain a new attorney. We got the state of Maryland trying to collect on a tuition bill that is being discharged in bankruptcy.

[dampad]

I am so sorry your attorney had to pass in this fashion. I hate and am very afraid of fire. I hope that he/ she was a good one and left you with good copies of your paperwork in YOUR possession.

Now, go to the nolopress.com site and purchase their downloadable Ch7 book. It is newly updated (Oct. or Nov. 2008) so you can get the latest info.

Next, go to your BK court district and find their telephone numbers. Locate the case-worker for your case--it is coded by your case number--and call and explain the situation to that person and ask what to do.

I would think that under the circumstances you should be able to call your trustee's office and get information there. But I am betting that you are going to end up talking to several office people, all of whom will be replying: "Duhhhhhhh........!

You may have to go to your BK court district's website and look for your BK judge's rules of court and review them.

You may have to make your own motion to the court. That is why I suggested buying the book, and looking up the rules of the local court.

Good luck.

Thank you for the advice. I am so sad about our attorney he was such a nice guy. I did some research this weekend per your suggestions and decided to try to hire a new attorney. As someone stated below I should of went with a law firm. You just do not think about this situation happening; or at least we do not want to. Thanks again.