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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16420
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My bankruptcy attorney has gone out of business and just informed

Customer Question

My bankruptcy attorney has gone out of business and just informed me of it (thanks a lot). I have 8 months left to pay on a 36 month Plan. He sent another substitute lawyer my way. I feel betrayed, frankly. The lawyer is requiring me to fill out the same paperwork I filled out to pass the means test to begin with. It's a huge undertaking since I'm self-employed and have a highly varied income, and I don't want to do it. Can I just represent myself in these last months? I don't anticipate any big hearings or anything, because I haven't taken on any new debt, bought or sold anything substantial, and my mortgage payment has only changed by $17 since I began the plan payment. How hard is it to change over to just representing yourself and what issues would I face if I do that?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 1 year ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

WALLSTREETESQ :

Since you have only 8 months left, you can represent yourself, and if your plan has payments for any attorney fees you can amend your schedules to remove those fees as well.

WALLSTREETESQ :

In terms of preparing the final paperwork, you can fill them out and file it with the Court or trustees office,

WALLSTREETESQ :

I am not sure why you have to complete a new means test at this point, and you should ask the attorney why this is requested,

Customer:

There are no attorney fees due. Will I have to go to a hearing to change to representing myself?

Customer:

I will do that, thank you

WALLSTREETESQ :

Also, you should have the attorney submit a letter to the Court stating he no longer represents you.

WALLSTREETESQ :

No, their is no Court appearance required,

Customer:

The attorney who has bailed on me?

WALLSTREETESQ :

he would file a motion to be removed if you do not want him to leave,

WALLSTREETESQ :

The attorney who bailed can be forced by the Court if you want to complete the matter,

WALLSTREETESQ :

if that is not the case no Court hearing is required.

Customer:

ok

Customer:

is it hard to fill out the final papers? I'm a literate educated person and don't have trouble writing.

WALLSTREETESQ :

I would first ask the attorney who requested these new forms and if the discharge is going to be an issue if these forms are not required.

Customer:

the substitute?

WALLSTREETESQ :

No, they are not complicated, you can do them yourself

WALLSTREETESQ :

Let me clarify,

WALLSTREETESQ :

These new forms may not be required by the bankruptcy court trustee,

WALLSTREETESQ :

You should ask the Attorney you had, to provide you the reason for these documents, and if the trustee requested them,

Customer:

ok

WALLSTREETESQ :

If the trustee requested them, you can fill out the forms, and send them directly to the trustee,

Customer:

ok

WALLSTREETESQ :

I would also go to the Bankruptcy clerks office, and ask them to help you complete them.

Customer:

You're speaking about the final forms when I'm about to be discharged?

Customer:

or the forms if the trustee has requested new forms on my case?

WALLSTREETESQ :

no the current forms given to you by the attorney,

Customer:

ok

WALLSTREETESQ :

Typically at this late stage all that is required is you make payments as per your plan,

Customer:

that's what I thought

WALLSTREETESQ :

I do not see why new forms were requested,

Customer:

the attorney may feel more comfortable representing me with those in place is all I can assume

Customer:

OK so in summary I have three options and 2 tasks:

Customer:

option 1: do the paperwork myself

Customer:

option 2: ask the court to require the former attorney to do the job

Customer:

option 3: go along with the new attorney but ask him why I need to fill out the paperwork

Customer:

and my tasks are

Customer:

1: find out if the trustee has required new paperwork

Customer:

2: find out what will be required to finish the plan

Customer:

is that correct?

Customer:

Are you still there?

Customer:

Are we done?

WALLSTREETESQ :

yes

Customer:

ok, thanks for your help, I appreciate it.

WALLSTREETESQ :

As long as the attorney is still a licensed attorney in the State,

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16420
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you

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WALLSTREETESQ
WALLSTREETESQ
Attorney
2749 Satisfied Customers
14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS