What is my next step to take in my Chpater 13 bankruptcy? 17 Answers as of April 17, 2011

I filed for chapter 13 on April of 2009 there has been too many discrepancies we just filed for the sixth amended plan and still the court has not approve it yet, and now my current attorney just informed me that he is no longer going to continue with my case because he is been suspended, my question is what do I go from here I know I probably need to start looking for another attorney but I don't have the money, is there such a thing as getting an attorney to work in my case but in some kind of a payment plan?

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Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
The only thing you can do is to hire an attorney to finish the case. It should not cost much. Most attorneys will not want to get involved in someone elses case.
Answer Applies to: Alabama
Replied: 4/17/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
A new Attorney may be able to file a new plan and have attorney's fees paid out of the Chapter 13 Plan. Do not let worry about paying an attorney prevent you from getting the legal assistance that you need.
Answer Applies to: New Hampshire
Replied: 4/17/2011
Law Office of Eric Ridley
Law Office of Eric Ridley | Eric Ridley
You can often find an attorney to accept payments. You really should not try to get through the rest of the process on your own, however.
Answer Applies to: California
Replied: 4/15/2011
Law Office of Aaron Nielson
Law Office of Aaron Nielson | Aaron Nielson
Contact and experienced chapter 13 attorney for help. There is usually a way to have the attorney paid for at least in part from the plan.
Answer Applies to: Washington
Replied: 1/14/2011
Christopher Legal Group
Christopher Legal Group | Shawn Christopher
You need to find an attorney to substitute in on your case. Hopefully, an attorney will do this and has their attorney's fees paid through the plan. An experienced bankruptcy attorney should be able to step in and devise a chapter 13 plan that would get confirmed. Good luck.
Answer Applies to: Nevada
Replied: 1/12/2011
    Mankus & Marchan, LTD
    Mankus & Marchan, LTD | Tony Mankus
    You can try calling your local Bar Association to see if they have a lawyer referral service.
    Answer Applies to: Illinois
    Replied: 1/10/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    It's possible that your attorney can take payments from your monthly payment plan, but that really depends on what you need to pay through your plan and how much you have available to pay. For example, if you have tax debt that must be paid 100% over 60 months and your budget shows that you can just barely do that, then there won’t be anything left over to pay your attorney.

    In any event, you need to try to find a new attorney and keep looking until you find one that is qualified who can work with you. You may also be able to seek a disgorgement of fees from your existing attorney if he failed to do an adequate job.
    Answer Applies to: California
    Replied: 1/9/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Go to NACBA.ORG and find a good lawyer in your area.
    Answer Applies to: California
    Replied: 1/8/2011
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    Normally your attorney can get compensation from your plan, you need to find a new attorney.
    Answer Applies to: South Dakota
    Replied: 1/8/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    If you cannot get your Chapter 13 confirmed, it will be dismissed and you will need to start over. My office offers payment plans and gives you the ability to pay my fees throughout your Chapter 13 plan.
    Answer Applies to: California
    Replied: 1/8/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Maybe, if the lawyer being suspended is a big enough scandal, either your bankruptcy judge or your state bar would ask some lawyers to volunteer to divide up his cases.
    Answer Applies to: Virginia
    Replied: 1/8/2011
    Law Office of Raymond J. Dague, PLLC
    Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
    This is a sad and unfortunate situation. It is always a scandal to the legal profession when a lawyer drops the ball and leaves the client high and dry as this lawyer apparently did with you. You need to ask around in the community to find a reputable bankruptcy lawyer. Once you find him, you will need to pay him something, but I usually set up my Chapter 13 plans to that the bulk of the legal fees come out of the plan. This way your unsecured creditors wind up in reality paying most of the legal fee through their reduced payments which you make under the plan.
    Answer Applies to: New York
    Replied: 1/8/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Of course you can try to find an attorney who would agree to be paid through your plan. You would have to discuss your case with the attorney to see if you have a feasible plan to continue with. Without knowing more about your case, it might be better to start over, rather than trying to salvage your existing plan.
    Answer Applies to: California
    Replied: 1/7/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    It is possible if the plan and budget allows attorneys fees to be paid through it without making the plan infeasible.
    Answer Applies to: California
    Replied: 1/7/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You obviously chose the wrong attorney. If he is getting suspended he must have done something really bad or has a history of many minor violations. Attorneys are not suspended for just a minor violation. The way he has handled your case may have something to do with the problems you are having getting confirmation of your Plan. Without knowing the objections to the Plan, it is impossible for me to know the problem. Most of the attorney's fee in a Chapter 13 is usually paid in the Plan. Attorneys usually don't get paid more than what they receive before the case is filed unless the Plan is confirmed. The rest of the fees are paid by the Trustee after confirmation from the Plan payments you have to make. If you paid your attorney a lot before filing, the court might order him to return the overpayment to you. In other words, if he has not represented you properly or charged more than reasonable for the work he has done to date then the court can order him to return to you the excess fee charged. In some areas there are limits on how much an attorney receive in payment before the case is filed without obtaining court permission. You might find it difficult to retain a lawyer since he or she would now have to be paid only by the Trustee from the plan funds after confirmation. If it appears that you cannot get a Plan confirmed then no lawyer will touch your case. Again, without knowing the Plan objections it is impossible to tell you if you have any chance to get a new lawyer who will be willing to be paid from the Plan after confirmation. If your lawyer was suspended for only a short time (like 60 or 90 days) then maybe the court will continue your case until his suspension period runs out and he can continue representing you.
    Answer Applies to: California
    Replied: 1/7/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Payment plans may be available. Please feel free to contact me for a free consultation. By the way, you may be entitled to a refund of some or all of the money you have paid to your current attorney. I would suggest you review your retainer agreement with your attorney and discuss the possibility of a refund given is inability to do what you contracted for due to his suspension.
    Answer Applies to: California
    Replied: 1/7/2011
    Law Offices of Lady Justice
    Law Offices of Lady Justice | Mona Patel
    Most attorneys will want payment up front. However it depends on how much work is needed on your case. Usually at this point there is not much to do. You can also ask your current attorney for help during the process and continue on your own.
    Answer Applies to: California
    Replied: 1/7/2011
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