What will happen if the court dismissed my chapter 13 and the chapter 7 paper work has not been filed? 7 Answers as of March 11, 2014

I lost my job in October and was in a chapter 13. My lawyer told me we could convert to chapter 7 so we did the paperwork for it and I paid him for this. I have tried calling and going to the office numerous times but could not get an update. I got a letter stating that they have dismissed my chapter 13 and then a follow up letter stating I have a new hearing because they never filed the chapter 7 paperwork. Should I be worried? I paid him money to do this and can't get an answer from him about what's going to happen.

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
I think I answered this... but you can file a new ch 7 and go after the lawyer to get your money back by filing a complaint with the state bar. Google: State Bar of California. Complaint forms are on the web site. You can let the lawyer know you are going to file a complaint and that should get some action out of him or her.
Answer Applies to: California
Replied: 3/11/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
If you are eligible to convert to a Chapter 7, this needs to take place before your Chapter 13 case is dismissed. However, lots of people are not eligible to convert to Chapter 7 and it may be that your attorney intends to file a new case once your Chapter 13 is dismissed. But the fact that you don't get a response from your attorney is worry some.
Answer Applies to: Nevada
Replied: 3/10/2014
Law Offices of Daniel J Winter
Law Offices of Daniel J Winter | Daniel J Winter
It sounds like your Chapter 13 case was dismissed and it was not converted to Chapter 7. You still can file a new Chapter 7 case. If your lawyer doesn't respond, you can use a new lawyer to file your new case. If you go in for a free consultation, the new lawyer can see what happened to your old case.
Answer Applies to: Illinois
Replied: 3/10/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If he never filed the proper papers, then your chapter 7 will also be dismissed and you will have to refile again.
Answer Applies to: New York
Replied: 3/10/2014
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
Your question is confusing. If your case was dismissed then you should not be receiving further notices regarding additional hearings. If your attorney will not answer your questions I suggest you seek new counsel. You can convert or file a chapter 7, depending on where your 13 is administratively. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answer Applies to: Nevada
Replied: 3/7/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    You need to continue to try to reach your attorney or find another attorney to do the work for you. Any hearing that is scheduled is extremely important so you need to proceed with your attorney or a new one. If you explain your situation most courts will give you the opportunity to reinstate your case so that you may convert to a chapter 7 but this is not guaranteed. Most importantly, there is still hope to salvage your bankruptcy but you need to act quickly.
    Answer Applies to: Indiana
    Replied: 3/7/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Maybe he just let the 13 be dismissed and refiled a 7. Conversion would have been easier.
    Answer Applies to: California
    Replied: 3/7/2014
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