What can I do to get my bankruptcy modified? 17 Answers as of April 24, 2014

My ex and I filed before I knew he was planning for a divorce. It is a chapter 13. I have tried numerous times to contact the attorney in regards to even amending or modifying the bankruptcy to where I am responsible for only my debt. The majority is my ex’s. I am very dissatisfied with my attorney. I have asked to speak with him and he will call you back and I get an assistant where I gave to explain over again. I get the run around. How would I fire him if I can? He is not for my best interest for sure.

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EDWARD P RUSSELL | EDWARD P RUSSELL
You can modify a ch 13 plan but it would still be a joint bankruptcy and would not work after the divorce.? Under the circumstance is looks like you should just collapse the Ch 13 bankruptcy and start over with your own Ch 13 bankruptcy.
Answer Applies to: Minnesota
Replied: 4/24/2014
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
It doesn't should like there is anything to amend. Even if you divide the debts in a divorce, you are still liable if the creditors come after you. How much are you paying? If your income is much less than when your plan was confirmed, that would be a reason to modify the plan. If you can't reach your attorney, you can always go and get a consultation from another attorney who can review this for you. Make sure it is someone who regularly practices in your jurisdiction and is familiar with what the court and the Trustee require - a knowledgeable local bankruptcy lawyer.
Answer Applies to: California
Replied: 4/21/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You can hire another attorney to do a Post Confirmation Modification.
Answer Applies to: Colorado
Replied: 4/21/2014
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
You should get another bankruptcy because they should not be representing you and your ex-husband both.
Answer Applies to: Michigan
Replied: 4/21/2014
HARVEY S. MORRISON, ATTONEY AT LAW
HARVEY S. MORRISON, ATTONEY AT LAW | HARVEY S. MORRISON
You might want to contact another bankruptcy attorney to see whether you can be dismissed from the pending case and how to go through the necessary paperwork to fire present counsel as your attorney. Depending on your income and expenses, it might be possible for you to file a new Chapter 7 case or have your case severed from the original and convert it to a Chapter 7. No guarantees.
Answer Applies to: Ohio
Replied: 4/21/2014
    Ronald K. Nims LLC | Ronald K. Nims
    To start with, this attorney represents both you and your husband, that means he/she can't do anything which would hurt either you or your husband. Obviously, modifying the bankruptcy to put less debt on you and more on him, would not be in your husbands best interest - so the attorney can't ethically do it. You need to speak with another attorney who doesn't represent your husband.
    Answer Applies to: Ohio
    Replied: 4/21/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    He can't represent you or your husband now. There is a conflict of interest. He should have explained that to you when he learned you separated. Retain new counsel. The case can be split, (or on your own you might be eligible for a ch7).
    Answer Applies to: California
    Replied: 4/21/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    It sounds like you need to sever your case, which costs a $281 filing fee and requires you hiring a new lawyer. You also have the option of voluntarily dropping out which can be done at any time, and does not require a filing fee. Then you could review your options and determine if you really need bankruptcy yourself, and if so, perhaps a Chapter 7 would be available to you rather than a 13. If your current attorney represents you and your ex, he now has an ethical conflict and should withdraw from your case entirely. Any way you look at it, you need a new lawyer to help you decide what to do.
    Answer Applies to: Oregon
    Replied: 4/21/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can hire another attorney.
    Answer Applies to: Florida
    Replied: 4/18/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    Simply hire a new attorney and have him/her substitute in. You can fire your present attorney at anytime.
    Answer Applies to: California
    Replied: 4/18/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    You can always go to another attorney to take your case from here.
    Answer Applies to: New York
    Replied: 4/18/2014
    Danville Law Group | Scott Jordan
    You will need to consult with another bankruptcy attorney for advice. If you bifurcate or convert to a Chapter 7, your prior attorney will have a conflict and cannot represent you. If you hire a new attorney, the attorneys will talk directly.
    Answer Applies to: California
    Replied: 4/18/2014
    Law Office of Andrew Oostdyk
    Law Office of Andrew Oostdyk | Andrew Oostdyk
    You could file a Motion to Sever to have your case split into two cases. This is probably best to do after the Divorce is final. The Divorce Decree should state which party is responsible for each debt. If you wish to retain a different attorney, that attorney can file paperwork to substitute for your existing attorney.
    Answer Applies to: Texas
    Replied: 4/18/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    Ask for a face to face meeting with the attorney. You may also seek another attorney to look at it for you. It will likely cost money to seek the opinion of another lawyer but it might be worth the added expense.
    Answer Applies to: Indiana
    Replied: 4/18/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    You can always terminate your attorney and the fact that you are now divorcing means it is possible the would be conflicts between you and ex that would prevent a mutual representation.
    Answer Applies to: California
    Replied: 4/18/2014
    Edelman, Combs, Latturner & Goodwin, LLC | Daniel A. Edelman
    You have the right to discharge an attorney at any time.
    Answer Applies to: Illinois
    Replied: 4/18/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    I have never heard of you being responsible for your own debt. You may have to dismiss your case and start over by yourself in a new chapter 13 bankruptcy.
    Answer Applies to: New York
    Replied: 4/18/2014
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