What does a bankruptcy attorney do for you? 13 Answers as of February 11, 2013

I'm just wanting to know in a Chapter 13 case what all is my lawyer to do. Are they supposed to represent me in court and are they really on my side? My lawyer has not helped me at all in this. I have had to stand alone in this and now I'm losing my home.

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Reger Rizzo & Darnall LLP | Kathleen DeLacy
They meet with you for all the information. Prepare the petition, which includes a plan payment,etc. They attend the 341 meeting with you. Normally the attorney attends the confirmation on your behalf and you do not need to appear.
Answer Applies to: Delaware
Replied: 2/11/2013
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You should check your retainer as to the extent of your representation, but you may want to get a new attorney if you are going to lose your home.
Answer Applies to: New York
Replied: 2/11/2013
Gateway Legal Group | Christian J. Albut
Based on the information provided, it is difficult to say what your attorney is to do for you in your chapter 13. It will depend on your retainer agreement and his/her limited scope of legal services. I would refer you to these documents for your answer.
Answer Applies to: California
Replied: 2/11/2013
Law Office of Norman Moore
Law Office of Norman Moore | Norman P Moore Jr
Your attorney is supposed to prepare the paperwork, represent you at hearings, and generally do his best to make your case successful. All this assumes that you did not negotiate some other deal with him or her.
Answer Applies to: Wisconsin
Replied: 2/10/2013
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
Yes they are supposed to be there to help you through the process. You might talk to another experienced chapter 13 attorney in order to determine if your case can be salvaged.
Answer Applies to: Arizona
Replied: 2/10/2013
    Anyiam Law Firm, Inc. | Christian U. Anyiam
    Your lawyer must represent you at the 341 and confirmation hearings and any other hearing that may be needed.
    Answer Applies to: California
    Replied: 2/8/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Go to your courts web site. Under the local rules the attorneys duties should be listed. If the lawyer is not helping you, get another one. You can do that.
    Answer Applies to: California
    Replied: 2/8/2013
    Phyllis Voisenat, Esq.
    Phyllis Voisenat, Esq. | Phyllis Voisenat
    In the area where I practice, the Northern District of California, you would have received and signed a document called Rights and Responsibilities. The document sets forth what THE COURT requires your attorney to do, and expects from you. Generally, this includes pre fiing counseling, drafting your paperwork and Chapter 13 plain, objecting to claims, responding to objections, representing you in court and at the meeting of creditors, filing the necessary motions, and defending motions filed against you, and conferring with the Trustee and Opposing creditor's counsel with the goal of getting your Chapter 13 case approved, or "confirmed". You have the right to switch counsel if need be.
    Answer Applies to: California
    Replied: 2/8/2013
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First of all, it sounds like your lawyer is either not doing his/her job adequately, or there is more to the story. A lawyer is supposed to advise and represent you in a Chapter 13 which usually includes drafting the bulky packet of papers which goes to court; drafting your Ch. 13 Plan; appearing with you at the Meeting of Creditors; making any amendments which are required after the Meeting of Creditors; responding to motions for relief from stay and others and in every one of these tasks, communicating and consulting with you. This list is not all-inclusive. However, a lawyer needs very active cooperation for the client in order to do his or her job as it should be done. You should either sit down with your lawyer and get him back actively on board, or find another one very soon. In each of the major cities in Wisconsin there are a good many experienced bankruptcy lawyers who can help you. You also have the right to file a complaint with the Office of Lawyer Regulation, part of the Wisconsin Supreme Court. You can even do it over the phone. This is a serious step, and you should take it only if you are quite certain that the lawyer has failed you by lack of competence or diligence, or affirmative wrongdoing.
    Answer Applies to: Wisconsin
    Replied: 2/8/2013
    Troutman & Napier
    Troutman & Napier | Gregory A. Napier
    There is now a "flat fee" approved in the Eastern District of Kentucky for Chapter 13 bankruptcies and a court approved document that spells out what the client is supposed to do and what the attorney is supposed to do. If you agreed to this flat fee, you can obtain a copy of the Rights and Responsibilities form from the bankruptcy court clerk. If you were not represented under a flat fee, there is a form that was part of your original petition. This Disclosure of Attorney Compensation form gives some indication of what services were covered and what services were not covered. You should refer back to that.
    Answer Applies to: Kentucky
    Replied: 2/8/2013
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    Your attorney must prepare and file your bankruptcy papers, keep you informed of the progress of your case, appear in court, and represent you in any motions or disputes in your bankruptcy case.
    Answer Applies to: Minnesota
    Replied: 2/8/2013
    214bankruptcy.com | Rustin Polk
    Whichever bankruptcy court your case is in will have some guidelines about what it expects lawyers to do in Chapter 13 cases being heard in that court. The primary place to find the answer, though, is in the retainer agreement you guys signed. What does your agreement say the lawyer is going to do?
    Answer Applies to: Texas
    Replied: 2/8/2013
    CPLS, PA | Evelyn J. Pabon Figueroa
    The extent of the representation will depend on the agreement between the parties. Normally, the representation will include preparing the petition, the plan, and amendments necessary to confirm the plan, attendance at the creditors' meeting and any confirmation hearings, as well as review of claims filed. It will also include monitoring the case throughout the length of the plan, although sometimes attorneys charge a monitoring fee for this. Additional issues like objections to claims, loan modification via mediation if available in the particular district, and representation in adversary or contested proceedings are not included in the fee agreement and require that the client and the attorney enter into another agreement and that additional fees are paid. In addition, local court rules will also determine what the attorney is required to do as the debtor representative.
    Answer Applies to: Florida
    Replied: 2/8/2013
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