Do I have to hire the same attorney if debtors are still contacting me? 17 Answers as of July 05, 2011

I filed my chapter 13 last year and a debtor is still contacting me. Although he did a decent job, my relations with that attorney have gone sour since. Am I required to hire the same attorney in addressing this new issue?

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Breckenridge and Walton
Breckenridge and Walton | Alan D. Walton
Never required, but your chapter 13 is ongoing, so your attorney would be up to speed. You would have to pay someone new to become familiar with your case before they could address the problem.
Answer Applies to: Michigan
Replied: 7/5/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If you are still being pursued by a creditor after bankruptcy, the easiest action to take is to send the creditor a copy of your discharge. To do this you probably do not need the assistance of an attorney.
Answer Applies to: California
Replied: 6/30/2011
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
no On 6/28/2011 7:41 PM, Question From LawQA wrote: > A QUESTION HAS BEEN SENT TO YOU VIA A BANKRUPTCY WEBSITE ON THE LAW QA > NETWORK > > ID:23923 > Question: Do I have to hire the same attorney if debtors are still > contacting me? > Question Detail: I filed my chapter 13 last year and a debtor is still > contacting me. Although he did a decent job, my relations with that > attorney have gone sour since. Am I required to hire the same attorney > in addressing this new issue? > > *********************************** > To answer this question, please just reply to this email. The original > content and subject should not be modified, otherwise your answer will > not be valid. GARY LANE Attorney at Law President Consumer Protection Assistance Coalition, Inc. (DE) A Not For Profit Legal Clinic 24 Spyrock
Answer Applies to: California
Replied: 6/30/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
You can substitute a new attorney into the case at any time.
Answer Applies to: California
Replied: 6/30/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
But your Chapter 13 lawyer is still representing you, right? It will be easier and less expensive for that lawyer to handle this issue, which is illegal for creditors to do, than to fire the current lawyer and retain new counsel.
Answer Applies to: Virginia
Replied: 6/30/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    First, I assume you mean "creditor" not debtor, but that aside, you can hire whomever you wish to represent you. Let the Trustee's office know you want to change lawyers.
    Answer Applies to: Indiana
    Replied: 6/30/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Do you mean a creditor is still contacting you? Contact the creditor and tell them you filed BK, give them the notice of the BK filing if needed.
    Answer Applies to: Washington
    Replied: 6/30/2011
    Law Offices of Alexzander C. J. Adams, P.C.
    Law Offices of Alexzander C. J. Adams, P.C. | Alexzander Adams
    No. You are free to hire new counsel. You, of course, are the client. Attorneys work at the discretion of the client.
    Answer Applies to: Oregon
    Replied: 6/29/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    No, you can hire a new attorney and have the new attorney substituted in.
    Answer Applies to: California
    Replied: 6/29/2011
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You have a right to replace your attorney at any time.
    Answer Applies to: Colorado
    Replied: 6/29/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    First of all you are the debtor and people you owe money to are creditors. If a creditor is still calling you it should be easy to handle without the attorney. You must tell this creditor that you are actively in bankruptcy and provide them with your case no. If they continue to contact you then you need to get an attorney to go after for an automatic stay violation.
    Answer Applies to: California
    Replied: 6/29/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If you are still in Chapter 13 then the same attorney still represents you to the end of the case unless he has withdrawn with permission by the court or you signed a form allowing the attorney to withdraw. It is difficult to find a lawyer that wants to accept a Chapter 13 already filed. Most good bankruptcy attorneys are too busy to accept such cases.
    Answer Applies to: California
    Replied: 6/29/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You can hire another attorney at any time.
    Answer Applies to: California
    Replied: 6/29/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Your question does not make sense. You're a debtor. Do you mean creditors? In a chapter 13 the fee you already paid requires the lawyer to help you for 3-5 years. He has to assist you. Call him.
    Answer Applies to: Georgia
    Replied: 6/29/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    You are not required to hire the same attorney, but you may be required to make sure that your representation is terminated if they are for the same matter.
    Answer Applies to: Florida
    Replied: 6/29/2011
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