What can I do if my attorney is not doing what she is supposed to? 15 Answers as of July 08, 2013

I am three years into my chapter 13 bankruptcy. Within my bankruptcy, I had foreclosed on my house. In the past year, the mortgage company has called me at least once a week demanding I pay fees and such. They are obviously violating the automatic stay. I have stated this to my attorney quite a few times and she refuses to do anything about it. I have requested through my attorney an adversary hearing to address the violation of the stay, but she refuses to. I moved in March of 2012 and I have requested my attorney to change my address with the trustee's office quite a few times. Now it's August of 2012 and the address has not been changed yet. I have contacted the trustee's office about both issues and I have been told that my attorney has to take care of all the issues. I am not entirely sure what I can do.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Sadly, you need another lawyer.
Answer Applies to: California
Replied: 8/27/2012
Attorney At Law | Harry D. Roth
You can fire your attorney and hire a new one. Or you can become your own attorney.? Both things would be accomplished by a substitution of attorney.
Answer Applies to: California
Replied: 8/27/2012
Steven Alpers | Steven Alpers
You need a new attorney.
Answer Applies to: California
Replied: 8/27/2012
Law Office of J. Thomas Black, P.C.
Law Office of J. Thomas Black, P.C. | J. Thomas Black
If you have lost confidence in your bankruptcy attorney, you can consult with other attorneys, and if you find one that you have confidence in, ask them to substitute into your current case in place of your current lawyer.

My office does it on a pretty regular basis. Some attorneys seem to lose interest in cases once they are confirmed.

To us, it's an opportunity to not only earn additional fees if additional work is needed (as permitted by the Bankruptcy Court), but if we do a good job for you, to have you refer your friends and relatives to us if they need a bankruptcy lawyer.
Answer Applies to: Texas
Replied: 8/27/2012
Moore Taylor & Thomas PA
Moore Taylor & Thomas PA | Jane Downey
It sounds like you need to bring this to the attention of the court. Have you thought about changing your attorney?
Answer Applies to: South Carolina
Replied: 8/21/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Fire the attorney, get a new one and explain the situation in detail.
    Answer Applies to: Michigan
    Replied: 7/8/2013
    MckennaLaw
    MckennaLaw | Keven A. McKenna
    Is it the servicer or the mortgagee calling? Pay your lawyer the money needed to file an adversary proceeding. Normally, chapter 13 petition fees do not cover adversary proceedings.
    Answer Applies to: Rhode Island
    Replied: 8/21/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    You can file a bar complaint with the State Bar of Arizona. But, before you do that send your attorney a summary of all your requests and her failure to comply. Give her one more chance to fix these problems. Also, give her a deadline to fix them or you will file a complaint with the State Bar.
    Answer Applies to: Arizona
    Replied: 8/21/2012
    Law Office of Andrew Harris
    Law Office of Andrew Harris | Andrew Harris
    If you are not getting results, the only thing you really can do is fire your attorney and retain another one.
    Answer Applies to: Oregon
    Replied: 8/21/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Report her conduct to the State Bar and change attorneys.
    Answer Applies to: California
    Replied: 8/21/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    First, you can change your address with the trustee. Second, your attorney's job was complete when your plan was confirmed. She may not wish to get involved with the automatic stay issue. Why don't you talk to some other attorneys and see if someone wants to take your case. You will have to pay.
    Answer Applies to: Colorado
    Replied: 8/21/2012
    Jonathan P. Shultz | Jonathan P. Shultz
    While you technically have an attorney, I cannot discuss your case with you or give you any legal advice - and I get inquiries all the time from people who are not aware of this.
    Answer Applies to: Colorado
    Replied: 8/21/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You can file a bar complaint against your lawyer with the State Bar of Georgia.
    Answer Applies to: Georgia
    Replied: 7/8/2013
    Bjork Law Office
    Bjork Law Office | Attorney John P. Bjork
    Has your attorney been paid to do these things you are asking? Maybe your attorney will not do your work until you have paid for her services?
    Answer Applies to: Wisconsin
    Replied: 7/8/2013
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    I'm not 100% sure what the procedure is where you live, but in Arkansas either a client or the attorney can choose to end the representation. A formal motion may need to be filed with the Court. If you want to end the representation, then you can always seek other counsel and retain them. A new attorney will usually be happy to do the paperwork to effectuate the change. As to what that representation might cost, it would likely vary depending on just what needed to be done in your case.
    Answer Applies to: Arkansas
    Replied: 8/21/2012
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