Should I get a new bankruptcy lawyer? 17 Answers as of June 16, 2011

I'm so desperate right now, need some advise. I began a process of a bankruptcy 8 months ago with a local lawyer. Due to a personal turmoil had to let the process go, now the creditors just put a Levy on mu only bank account, I'm married but filling for myself, my husband and I been separated for while, should I continue with the same Lawyer or get a another one? When I called him yesterday to let him know regarding the Levy he said nothing he could do . Being separated from my husband do I still need to ask from his pay stubs to continuous with my case? Pls can you give me some advise right now I'm very desperate.

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Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
It is normally less costly to stay with the same attorney throughout the Bankruptcy process. You should meet with your attorney and discuss your concerns and get your questions answered.
Answer Applies to: New Hampshire
Replied: 6/16/2011
Daniel Hoarfrost, Attorney at Law
Daniel Hoarfrost, Attorney at Law | Daniel Hoarfrost
If you are separated from your husband, you can file separately without counting his income toward the bankruptcy guidelines. Assuming you qualify for Ch 7, the required retainer would be $1,554:$1,195 attorney fees, $299 filing fees and $60 counseling fees.
Answer Applies to: Oregon
Replied: 6/15/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
It doesn't sound like the lawyer did anything wrong.
Answer Applies to: Indiana
Replied: 6/15/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Definitely consult with a new BK attorney. A levy can be dealt with through the bankruptcy.
Answer Applies to: California
Replied: 6/15/2011
Law Office of Maureen O' Malley
Law Office of Maureen O' Malley | Maureen O'Malley
Did you pay the local lawyer? If you did, s/he should have been able to help you on the levy. If not, s/he wouldn't care to spend more free time. A bankruptcy filing should be able to release any garnishment. If you're separated from your husband, you shouldn't need to list his pay.
Answer Applies to: Virginia
Replied: 6/15/2011
    Saedi Law Group
    Saedi Law Group | Lorena Saedi
    If you are not completely comfortable with your bankruptcy attorney for whatever reason you may want to seek counsel elsewhere to complete this process. I would suggest that you contact your Better Business Bureau in your state and review those bankruptcy attorney who are registered and rated. As a client you have the right to fire your attorney and request your file to forward to your newly retained attorney. Please note that your former attorney would still be able to retain any monies paid on work performed on your case.
    Answer Applies to: Georgia
    Replied: 6/14/2011
    Law Office of Nanina Takla
    Law Office of Nanina Takla | Nanina Takla
    If you and your husband are separated and living apart, then you don't need to get his paystubs.
    Answer Applies to: Oregon
    Replied: 6/14/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes you should file immediately to stop the levy. If you are separated from your husband you probably do not need his pay advices. Your husband may have to sign a spousal exemption waiver for you to use the best available exemptions. You could contact me asap.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    There is little chance someone can answer these questions with the limited facts. If your current attorney is not doing a proper job you can look for a new attorney. It may be helpful to call another attorney and see what they have to say.
    Answer Applies to: California
    Replied: 6/14/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Did you file a bankruptcy case? What process specifically did you "let go"? I don't see why you wouldn't use the same lawyer if you are still eligible to file, and are comfortable with that attorney. Otherwise, you can certainly hire a new one. You're most likely not going to be able to get back money that has been levied from your bank account, but you can stop future levies and attachments by filing.
    Answer Applies to: California
    Replied: 6/14/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You do not need income information from your husband if you are separated. Filing a bankruptcy case stops the bank account levy by the judgment creditor and you can get the money back that was taken if it was recently taken from the account. I do not know why you would not be able to file right away. You need to ask your attorney if there is any reason that would prevent you from filing immediately.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    You need a bankruptcy lawyer that is interested in helping you. You need a bankruptcy lawyer that responds to your e-mails and takes your calls. Getting a bankruptcy lawyer that is all that + AV rated for 16 consecutive years and a Certified Specialist in Bankruptcy Law, Certified by the Legal Board of Specialization of the State Bar of California would be ideal. A wage garnishment can be stopped by filing bankruptcy. I do not know why your lawyer said there was "nothing he could do," but I can stop the wage garnishment by filing bankruptcy for you. I can not tell from your e-mail if you ever actually filed bankruptcy. You say that you "began a process of a bankruptcy 8 months ago with a local lawyer." Did you actually file bankruptcy, or did you just hire a lawyer to do so? It sounds to me like you never actually filed bankruptcy. If you are separated from your husband, I will not need his pay stubs. Bottom line: Please call me for a free consultation.
    Answer Applies to: California
    Replied: 6/14/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    I'd at least consult with another attorney, sure.
    Answer Applies to: California
    Replied: 6/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    There is something he can do about the levy.... file an exemption in state court. The problem is he would probably want to be paid to do this. If you have paid him for the bankruptcy, gt it done so it doesn't happen again.
    Answer Applies to: California
    Replied: 6/14/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If your experience has been unsatisfactory, why would you believe it will change? Yes, get another attorney and get filed as soon as you can. You will need his paystubs unless you are filing a Chapter 7 and have separate households.
    Answer Applies to: California
    Replied: 6/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If you're separated you do not need your husband's information and pay advices. Unless you act quickly you will lose the funds in the bank. You are free to change lawyers at this point should you want to. In any event, you appear to need to act quickly. If you are in or near Atlanta feel free to call me.
    Answer Applies to: Georgia
    Replied: 6/14/2011
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