Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Your daughter must remember that she can go to any bankruptcy lawyer. She does not have to stay with her current lawyer, if the situation is not beneficial to her. She should contact another bankruptcy lawyer asap and try to have another attorney substitute in on her case.
Regarding hearings, hearing notices are generally sent to both the debtor and the debtor's attorney. You daughter should check with the trustee to ensure that her correct address is listed on the docket report. If not, she should notify the bankruptcy clerk of her valid mailing address which would solve the hearing notice situation. Also, she should know that it is always better to attend a hearing or meeting scheduled in your case at all times, especially if she can not trust the judgment of her attorney regarding whether she should attend.
The trustee's office is going to be her best point of reference at this time, until she retains new counsel. The trustee's office will be able to, at the very least, advise of the status of her case and let her know why she is behind on her payments.
I hope you found this information to be helpful.
She should start with a volunteer lawyers association in your area, which may be able to find an attorney to take her case at no charge.
She can also ask the attorney substituting into her case, if he would consider placing the fees into her chapter 13 plan, rather than taking money from her up front. The attorney may not like the idea, but it wouldn't hurt to ask. If she pays her trustee payments timely, the attorney would get paid from the trustee over time.
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