How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36646
Experience:  Bankruptcy Lawyer. Experienced.
9968427
Type Your Bankruptcy Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

We filed Chap 13 over 14 months ago (still not confirmed) with

Resolved Question:

We filed Chap 13 over 14 months ago (still not confirmed) with one lawyer due to loss of one income. Due to no communication from him we lost confidence and hired a new lawyer. The new lawyer's paralegal told us not to pay the Trustee the monthly Chap 13 payments because they were going to refile our Chap 13 as a Chap 7. So we did not pay for 2 months. She was in contact with the Trustee's office, but I am sure she did not tell them that she advised us not to pay. It ended up that we could not convert to a Chap 7 as we were on the edge of qualifying and the lawyer did not want to take a chance and have it kicked back for not qualifying. So we received a notice from the court to allow us to get current on payments, but that if we missed a payment it may be dismissed. We paid last month's payment 30 days after the due date and the Trustee filed a motion to dismiss based on the previous court document. What are our options?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 4 years ago.
Hello,

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open forum. Do you understand and accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue.
Customer: replied 4 years ago.
yes
Expert:  FiveStarLaw replied 4 years ago.

How terrible!

Considered attending the hearing on the motion to dismiss. Tell the Court that you follow the directions of the paralegal and that your attorney did not appear to be familiar with your case. You can ask the court for leave to file an amended payment plan.
Customer: replied 4 years ago.
I thought of that, but there may not be a hearing. As the court order earlier stated in the "Order Granting Extension of Time to Bring Interim Payments Current" - "If debtors default on any futher interim payments, the Court may dismiss or re-convert the case on affidavit of Trustee without further notice or hearing." So if there is no hearing?
Expert:  FiveStarLaw replied 4 years ago.
You will want to consider filing an objection to the dismissal and set it for hearing. You will need to contact the bankruptcy court clerk to schedule the hearing
Customer: replied 4 years ago.

Shouldn't we our attorney do that for us? What is our attorney obligated to do for us? What can we require our attorney to do? Can he decide he just doesn't want to be our attorney anymore? During our conversation he said we were just blaming the paralegal and him and that we just didn't want to take responsibility for anything. We have an appointment to talk with him in person on Tuesday. How long do we have to take action? On Tuesday it will have been 7 days since the Trustee filed "Trustee's Affidavit of Debtors' Default of Court Order Dated May 10, 2010".

Expert:  FiveStarLaw replied 4 years ago.
Shouldn't we our attorney do that for us? What is our attorney obligated to do for us? What can we require our attorney to do?
yes your attorney should be doing this for you however he is not -- the only way the court will know that the attorney is not doing his job is if you let the Court know

Can he decide he just doesn't want to be our attorney anymore?
no not legally or ethically

During our conversation he said we were just blaming the paralegal and him and that we just didn't want to take responsibility for anything. We have an appointment to talk with him in person on Tuesday. How long do we have to take action? On Tuesday it will have been 7 days since the Trustee filed "Trustee's Affidavit of Debtors' Default of Court Order Dated May 10, 2010".
the court may enter the dismissal in any time
Customer: replied 4 years ago.

How do we let the court know if our lawyer is not doing his job?

 

Should we let the court know that we acted on advice of counsel in regards XXXXX XXXXX paying for the two month period and then paying within 30 days after the actual court assigned payment date (30th of each month).

 

If the court enters a dismissal, do we have any options?

 

Is there a reinstatement option?

 

Expert:  FiveStarLaw replied 4 years ago.

How do we let the court know if our lawyer is not doing his job?

You will want to consider filing an objection to the dismissal and set it for hearing. You will need to contact the bankruptcy court clerk to schedule the hearing

Should we let the court know that we acted on advice of counsel in regards to not paying for the two month period and then paying within 30 days after the actual court assigned payment date (30th of each month).

Attend the hearing on the motion to dismiss. Tell the Court that you follow the directions of the paralegal and that your attorney did not appear to be familiar with your case.

 

If the court enters a dismissal, do we have any options?

yes but it depends upon too many factors for me to be able to answer at this time

Customer: replied 4 years ago.
Thank you for the information. We will proceed with talking to the lawyer first and if that doesn't work we will call the bankruptcy court clerk ourselves to schedule an objection to dismissal.
Expert:  FiveStarLaw replied 4 years ago.
My pleasure.

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers..

Please let me know if I can assist you in the future by requesting me directly.
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36646
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.
 
 
 
Chat Now With A Bankruptcy Lawyer
FiveStarLaw
FiveStarLaw
Attorney
3317 Satisfied Customers
Bankruptcy Lawyer. Experienced.