What happens if we cant be represented in court for a bankruptcy file? 16 Answers as of August 01, 2011

Ouch,,, yes show up. Why can't the lawyer represent you? . If it was something you did (or refuse to do) you better reconsider your position. If it some problem on his part, he has to give you back at least some of the money you paid him.

Obviously, you did not follow through with your lawyer, the court agreed, and the court released your lawyer. There are not too many lawyers who will try to assist you now, since you have proven you are not reliable. It may cost you more money, but this time you should cooperate with the requirements of the bankruptcy law.

Unfortunately, it sounds like there has been a breakdown of the attorney/client relationship. However, an attorney can not just withdraw as your counsel without your consent or by filing a motion to withdraw with the bankruptcy court and getting approval. The attorney must continue to represent you until he has obtained an Order allowing him to withdraw from the court. If your attorney does not wish to represent you any further then it would be in your best interest to retain another attorney as soon as possible. In a Chapter 13, most attorneys will seek payment of their attorney fees through the Chapter 13 Plan. This generally means that you can retain counsel with no to very little money down. Fortunately, you have time to obtain a new attorney. It is important to get new counsel immediately so she/he can properly advise you concerning stripping the 2nd mortgage from your property and to address any other outstanding issues or objections. Depending on the district you are in, the court may require a formal appraisal of your home. However, in most cases getting a market analysis from a local realtor is generally sufficient and is free or very inexpensive.

Yes I would show up even if your attorney does not come. It is pretty bad form for your attorney to just say he quits and to find another attorney. I think the judge will think differently when you attend your hearing.

That is really tough situation since most lawyers don't want to get involved in cases already filed. You do not mention the reason the lawyer will not represent you anymore. Was it because he/she was suspended or disbarred? or was it because of a dispute with you? A lawyer cannot just stop representing a client in a court case without your written consent or a court order. In Chapter 13 most of the attorneys' fees are paid through the plan payments. There are lawyers who will accept a Chapter 13 cases with little or no payment before filing with all or almost all of their fees to be paid through the Plan payments. You definitely need to find a new lawyer and appear at the hearing unless you are able to hire another lawyer before the hearing date and that lawyer tells you not to go. If you cannot find another lawyer then go to the hearing and tell the judge what happened and most likely the court will continue your case and give you more time if you were diligent in trying to find another lawyer before the hearing. There are organizations of lawyers that may be able to provide you with a referral to a lawyer that will help you, particularly if the fact that your lawyer is no longer able to represent you is not your fault. You should contact the bar association of the County where you live for assistance if you are unable to find a lawyer on your own. Good luck...

You need to find another attorney. Perhaps one can take over and be paid from the monthly payments you're already making to the Chapter 13 Trustee. I don't have enough information to know how or if that would work, but you need to try. If not, then you can represent yourself but you need to know what you're doing....

An attorney cannot unilaterally withdraw from representation. You can insist that he or she seek permission from the court. In the meantime you should insist on being able to look to the attorney for advice in your case.

You will need to find another lawyer or check with your local legal aid department to see if they can help.

You will probably need to have an experienced bankruptcy attorney help you with the lien strip motion. You may need to borrow money from a relative or friend (if that is possible) to help you do this.

Lawyers cannot just quit your case absent a motion and order from the judge (or your consent). If the attorney has done this without such approval, file a complaint with the state bar and your trustee (and seek new counsel).