Can I change law firms if my bankruptcy case is not approved? 28 Answers as of July 08, 2013

The courts continue to delay my chapter 13 case for approval. Can I switch to another law firm to expedite this?

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Typically that will make the case worse, and raise your fees, but you can change lawyers if you choose. It will likely also delay the case.
Answer Applies to: Georgia
Replied: 10/4/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If you are not satisfied with your attorney, you can always retain new counsel.
Answer Applies to: Indiana
Replied: 9/30/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
You can always change attorneys. It may be difficult to find an attorney who will gey involved at this point and you will need to deal with a new fee for the new attorney.
Answer Applies to: California
Replied: 9/30/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Yes.
Answer Applies to: California
Replied: 6/3/2013
North Sound Law, PS
North Sound Law, PS | Spencer Bergstedt
You can always switch to a new lawyer/law firm if you are unhappy with your current attorney. Whether or not that will actually speed up the approval of your Chapter 13 plan is another story. There are often many different factors which result in the delay of plan confirmation. However, if you're not happy with the level of communication you're getting from your current attorney about your case, it might be worth getting a second opinion.
Answer Applies to: Washington
Replied: 9/29/2011
    Greifendorff Law Office
    Greifendorff Law Office | John Greifendorff
    Yes you can. First make sure you understand the reasons for the delays, there may be more than one. Ask yourself if you are responsible for any of the delays? What is your attorney's estimate of the problem and the time to resolution. If you still want to find other counsel you can interview other attorneys. If one of them agrees to represent you then a substitution of attorney form must be filed with the Court. Keep in mind that switching attorneys may not solve the problem.
    Answer Applies to: California
    Replied: 9/29/2011
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    Yes.
    Answer Applies to: California
    Replied: 6/3/2013
    Jackson White, PC
    Jackson White, PC | Spencer Hale
    I don't know if changing law firms will expedite chapter 13 confirmation. You may want to talk to your attorney and see what the status is.
    Answer Applies to: Arizona
    Replied: 9/29/2011
    The Northwest Debt Relief Law Firm
    The Northwest Debt Relief Law Firm | Thomas A McAvity
    Yes, you may change law firms.
    Answer Applies to: Oregon
    Replied: 6/3/2013
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Possibly. It is always wise to get a second opinion.
    Answer Applies to: California
    Replied: 9/29/2011
    The Salas Firm
    The Salas Firm | Ron Salas
    You may switch, but I highly doubt that it will speed up you case. In fact it will probably slow it down.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    You can always change counsel if you are not satisfied with your present representation. However, you might consider some things first. First, you should talk to your attorney first. Chapter 13 is very complex and there are probably good reasons for the delay. Second, Ch 13 is very complex. Approval of a Ch 13 plan requires the Ch 13 trustee check off on it, sometimes there are objections from creditors that must be resolved, sometimes the court will raise issues. Sometimes he plan approval goes smoothly; more often it is a struggle. Finally, you will have to pay attorney fees if you change counsel. I highly recommend you try to resolve problems with your current counsel. Of course, if you have completely lost faith in your current counsel it is time for a change.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    Yes.
    Answer Applies to: Colorado
    Replied: 6/3/2013
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    Yes, you can change your attorney. But don't. Get a second opinion instead. And do it the right way. Bring in copies of all of your court documents and your petition and plan. Ask the 2nd attoeney what the actual problem is that prevents confirmation of the plan. Then ask exactly how how to fix the problem. Take notes. Now you can ake an intelligent decision about whether to switch attorneys. Be prepared to pay reasonable fees for valuable advice.
    Answer Applies to: Ohio
    Replied: 9/29/2011
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Switching to a new law firm may not expedite the process, it depends why it is moving so slow. But if it is the attorney, then you would have to have consent to change attorney filed and retain a new attorney.
    Answer Applies to: New York
    Replied: 9/29/2011
    The Merna Law Group, PC
    The Merna Law Group, PC | John G. Merna
    You always have a right to change attorneys. Chapter 13 plans often take more than one plan submissions to get approval. If you are talking a delay of more than 6 months than it might be advisable to contact another attorney to consult on what the complication in your case might be.
    Answer Applies to: Virginia
    Replied: 9/29/2011
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If the court or the trustee is the reason for the delay, switching attorneys won't help and you will just incur more attorney fees. If your attorney is the problem you may be able to talk to the trustee and see if they can recommend someone who could take over the case and expedite it, but that is very difficult to do prior to confirmation.
    Answer Applies to: Michigan
    Replied: 9/29/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    Yes.
    Answer Applies to: Maryland
    Replied: 6/3/2013
    Robert Peters, P.A.
    Robert Peters, P.A. | Robert L. Peters
    You can switch lawfirms but you should sit down with your current lawyer and find out what the problem is. Sometimes chapter 13's take time to get confirmed. Switching lawyers may delay your case even more. Good luck
    Answer Applies to: Florida
    Replied: 9/29/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If the court is delaying confirmation of your Chapter 13 plan, what makes you think switching law firms is going to change anything? You can switch attorneys any time you want, but you may have a difficult time getting a new attorney in the middle of a Chapter 13 case because paying them could be an issue depending on what kind of buffer you have in your budget/plan payments.
    Answer Applies to: California
    Replied: 9/29/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Just because your case has been delayed is no reason to change lawyers. If the delay is not your lawyer's fault then how would changing lawyers make any difference? You need to find out the reason for the delay.
    Answer Applies to: California
    Replied: 9/29/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There may be good reasons your chapter 13 has not yet been approved. Before changing attorneys discuss this.
    Answer Applies to: California
    Replied: 9/29/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    You can certainly switch to another law firm; however, it may not expedite the process and could delay things further. Unfortunately, the chapter 13 process can take a year to complete. The best thing to do is determine why the delay, and if it is the attorney and not the chapter 13 process, then you might consider finding another lawyer.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    You can have your replacement attorney file a substitution of counsel but most attorney are reluctant to take over another attorney's case. You may find it difficult to find another attorney.
    Answer Applies to: Florida
    Replied: 7/8/2013
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You may want to talk to another attorney, but whether or not they will be able to speed things up will depend on the reason for the delays. Sometimes these things just take time.
    Answer Applies to: Colorado
    Replied: 9/29/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You can, but it might not be the competence of your own attorney. Could be the court's delay, could be the Trustee who is delaying this unnecessarily, hard to say. If that is the case, changing firms might not speed this up, in fact, it might delay it as your new counsel might need some time to get up to speed on your case. Without knowing why its being delayed, hard to answer your question.
    Answer Applies to: California
    Replied: 9/29/2011
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