Don't like the outcome

[kw1025]

If you not like the way things are going in a chap 7, can you fire the attorney mid stream? Can you convert? Can you just drop it? How long is it before you can file again?

[AngelinaCat]

Boy, have you opened the 'proverbial can of worms'!!

No, you cannot just fire your attorney midstream. You have to make a motion to the court to dismiss that attorney, and go pro se--if you are doing it yourself. If you get another attorney, perhaps the two will work the situation out. Poster Tinfoilhat has had his problems and has fired and dismissed two other attorneys--but he has not filed yet.

You can convert, but I am not certain how that works. Other posters with those types of experiences will chime in.

You cannot just drop it. You have to petition the court to dismiss your case. Then the Automatic Stay goes away and you have no protection against the harassing phone calls. You are able to refile, but when you do, I think you only have protection of 30 days of Automatic Stay, not the full time until discharge.

This is a serious matter. Judges and trustees don't like any type of wishy-washy games being played.

Good luck. Look at your options and think seriously and long before you file the first time.

Also take time interviewing attorneys. You will need a good one who will work with you and educate you in the BK process.

[kw1025]

Thanks for the reply. My problem is that i think WAY to much about this process. I simply don't have the time to interview attorneys, and even if i did, i would not be sure of anyone was any better. It would never end. I was just be interviewing attorneys for the next 20 years. I am really cautious. I have not filed yet, but i have to do something. I never know what kind of attorney i should trust. All i know is my current guy has big time experience in business, personal, chap 7, 11 and 13. I paid him a $2000 retainer. He told me that i ask the same questions way too many times, and that if i keep asking all these questions a hundred times, it is going to cost me more. Who knows

[justbroke]

Can you convert? Probably not. There is no "absolute" right to conversion from a Chapter 7 to another Chapter. You would file a Motion to Convert and hope the U.S. Trustee (UST) doesn't think your case is ripe for liquidation. If you're a typical no-asset case, your conversion would probably go through without any objection or opposition. If you're an asset case with juicy liquidation value, the UST will probably be in opposition to the conversion and want the Chapter 7 to continue.

As Mrs. 'Hub writes, you can't be wish-washy once you file a Chapter 7. They do, indeed, take on a life of their own and can be adjudicated without your consent or presence, for that matter. Again, if it's a no-asset case, the UST will not care, because he can't make any money on it anyway because there's nothing to distribute. However, in a case with ripe non-exempt assets, it will be difficult to convert or to dismiss without a very compelling reason.

So, what's the real reason you want to change lawyer and/or convert?

[kw1025]

Mine would be an assett case, becuase i want to buy back the eqquity in a rental i own. I do not want to lose this property. I dont know if i want to fire my attorney yet, i just dont feel a real sense of caring for me, from him. That could be my wishy washy thing. He seems, and other prominet people tell me he is very good. As far as converting, i just want to know my options. Like i said, if they say i cant keep the property, i will want to dismiss. Does that make sense?

[music12]

maybe technically you would need to file a motion to fire your attorney, but nobody would ever object to that. however, it's certainly a bad idea to go in thinking of this as an option.

some attorneys think that the moment they get a case, the case is "theirs" and they want the client to just disappear. i think they should work with you - communication skills are part of their jobs.

if he thinks you are asking the same questions over and over again, maybe you are not on the same page - he probably doesn't understand your question, and you probably don't understand his answers. if any of your questions are things people on this forum might be able to answer, try asking here. maybe that will help, who knows.

also, maybe if you were to ask him something by email, you'd have the answer in writing and would be able to review his answer before asking your next question so as not to repeat yourself.

however, if it's not true that you repeat your questions a hundred times, or you are just not comfortable with him, maybe you should get a different attorney. if you are uncomfortable now, imagine how you'll feel after you filed and something comes up. good attorneys are out there; try to get referred to someone. maybe you can ask people on this forum to PM you if they know a good bk attorney in your area.

[music12]

Mine would be an assett case, becuase i want to buy back the eqquity in a rental i own. I do not want to lose this property. I dont know if i want to fire my attorney yet, i just dont feel a real sense of caring for me, from him. That could be my wishy washy thing. He seems, and other prominet people tell me he is very good. As far as converting, i just want to know my options. Like i said, if they say i cant keep the property, i will want to dismiss. Does that make sense?

it makes sense but it doesn't really work that way. once you file, like justbroke said the decisions aren't yours to make. if they think it's in the best interest of the creditors to take the property from you, they will. if they think that dismissing your case will leave the creditors in worse position, they won't let you. so, in your case filing bk is a risk because you might not be able to keep the property.

there are extreme cases where creditors force a debtor into bk because they want to liquidate the debtor's assets in order to get paid. those are the "involuntary" petitions. yours would be voluntary (i.e., you are the one filing), but once you file your are subject to the court's jurisdiction.

[justbroke]

Like i said, if they say i cant keep the property, i will want to dismiss. Does that make sense?

You need to sit down with your attorney or some attorney and find out your options. With money on the table, the investment property, this sounds "juicy" to me and the U.S. Trustee will surely be interested.

You may be able to convert to a Chapter 13, but you are going to need to be able to pay the non-exempt value of that investment property in your plan. Unfortunately, there's not large "homestead" exemption for investment properties, and you are likely to expose a lot of equity. You'll basically be "buying" your equity back.

How "juicy" is the equity or how much equity is it?

[OhioFiler]

Thanks for the reply. My problem is that i think WAY to much about this process. I simply don't have the time to interview attorneys, and even if i did, i would not be sure of anyone was any better. It would never end. I was just be interviewing attorneys for the next 20 years. I am really cautious. I have not filed yet, but i have to do something. I never know what kind of attorney i should trust. All i know is my current guy has big time experience in business, personal, chap 7, 11 and 13. I paid him a $2000 retainer. He told me that i ask the same questions way too many times, and that if i keep asking all these questions a hundred times, it is going to cost me more. Who knows

The problem isn't with your attorney and walking away from him and starting over with a new attorney would be a mistake. Your post seems to indicate you have Obsessive Complusive Disorder. I'm not making a clinical diagnosis but rather I'm trying to help you save money. You must learn to trust your attorney. I don't blame the attorney for threatening you with additional fees. I'm sure he wants to do all he can for you but he has other clients and he's not a counselor or friend.

We have 2 OCD people living in our house. I know it's difficult. Good luck!

[AngelinaCatHub]

Mine would be an assett case, becuase i want to buy back the eqquity in a rental i own. I do not want to lose this property. I dont know if i want to fire my attorney yet, i just dont feel a real sense of caring for me, from him. That could be my wishy washy thing. He seems, and other prominet people tell me he is very good. As far as converting, i just want to know my options. Like i said, if they say i cant keep the property, i will want to dismiss. Does that make sense?

I have to agree with "OhioFiler". (I'm gonna say it as I see it, so be prepared), You did not hire a lawyer to "Mother" you. Repetitive questions would pi$$ me off too. Once answered it is answered. You paid this lawyer big money for a Chapter 7. Purchase the Nolo C7 book off nolo.com for about $17 bucks download and all your C7 questions and forms will be there. If you were capable of second guessing the 'quarterback', you would not need a lawyer. Make the commitment, and live with it. You are not qualified to take out your own appendix, and you are not qualified to second guess a professional that you admit has a great reputation and much experience. Don't tell him how to do his job. Let him work for you and don't micro manage him or he just may fire you.

If in C7, the Judge will determine if you can purchase a rental back. As I would see it only on the surface, if you can do this, it looks abusive to your creditors and self serving. If your case has been filed, your property legally belongs to the Court until discharge or dismissal.

Work with your lawyer by mostly leaving him do what he does the best. That is, working for you, the client.

OK, now that I've blown off, I apologize for the harshness. Seems sometimes you have to get that 2 X 4 right in the middle of the head to get someones attention. I wish you well. 'Hub