Do I still need an attorney if I'm in a Chapter 13 bankruptcy case now where I am currently making payments and if so, what for? 7 Answers as of May 09, 2017

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
I don't know enough abut your case to answer that. The need for modifications does come as do Motions for Relief from Stay. Generally, the attorney record sits in the back round until something comes up.
Answer Applies to: California
Replied: 5/9/2017
Marc S. Stern
Marc S. Stern | Marc S. Stern
Chapter 13 cases last 3 5 years. During that time there are items that come up. Tax refunds, missed payments, auto repairs, and illness to name a few. Having the lawyer and communicating with him/her can solve some of these problems before they become problems. Sometimes creditors do not apply payments as directed. We recently had a case where $74,000 payments were not credited. We were able to solve the problem in a couple of hours and get a response filed. It took comparing Chapter 13 records with what the creditor filed. If the client had to find an attorney, get them up to speed, and then file something, the problem could have escalated.
Answer Applies to: Washington
Replied: 5/9/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
In Chapter 13, your attorney is typically paid to represent you on the usual and ordinary events during the life of your Plan. So say the trustee moves to dismiss your case because your plan payment is late- your attorney can point out what needs to happen and smooth things over. Or that you forgot to turn over your tax paperwork and any refund check. How do you solve this problem without help. Yeah, the attorney may charge you a little extra because you got yourself into this situation by not paying attention. But at the end of your case, when you made all your payments and the trustee completes the audit of your file, a certificate of compliance needs to be filed. No COC, no discharge! Your attorney is obligated to prepare that certificate as part of the flat fee agreed to at the beginning of your case.
Answer Applies to: Nevada
Replied: 5/9/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The answer depends on the particular facts of your case. A very simple case, without challenges to your right to a discharge, or to the discharge of a particular debt, might not require a lawyer.
Answer Applies to: Wisconsin
Replied: 5/9/2017
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
To manage the case and because there are documents which have to be filed at the end of the case to receive a discharge.
Answer Applies to: Michigan
Replied: 5/9/2017
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    I recommend keeping your counsel. There are further documents that need to be filed and your counsel should be reviewing the Docket for Proof of Claim, making sure no other Motions are filed and a litany of other functions.
    Answer Applies to: New Jersey
    Replied: 5/9/2017
    Scott Goldstein | Scott Goldstein
    Yes. There are closeout requirements and, in case anything goes wrong in your case, you will need your attorney.
    Answer Applies to: New Jersey
    Replied: 5/9/2017
Click to View More Answers: