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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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In 2004 i went into chapt13..paying at 80. it was dismissed

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In 2004 i went into chapt13..paying at 80. it was dismissed for not submitting tax return refundin 2007(dismissed(. my lawyer then refiled a month later in 2007 a new plan was approved and doesnt discharge until 2012 paying at 100 percent. I just lost my job, and went to see the lawyer who sid i can file chapt 7 that will cost yet another 1000 I(which i thought only cost 25dollars to transition). I went into chapter 13 under the lawyers advisement to get back a repossession of a car. my home was never behind, yet he suggested i put it in the chapter 13 as well. I dont feel my lawye has or is doing a well enough job and is not giving me informative information to make decisions regarding my status. My questin is can i fire my chapter 13 lawyer? Where can i find information on it? I would like a different lawyer is this at all possible?
Hello,

I am the JustAnswer expert that will be helping you today. I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information.

Please explain how you could be in a chapter 13 bankruptcy since 2004. The maximum term of a chapter 13 bankruptcy is 5 years
Customer: replied 6 years ago.

as stated in the original question.

entered chapt13 in 2004 paying at 80percent.

was dismissed in 2007 because i did not hand in my federal tax return to lawyer for trustee.

lawyer suggested i refile.. charged me 700 more dollors, and reconfingured chapter 13 receiving a new case number XXXXX at 100 percent. which is for 5 years that is planning to discharge in 2012.

And yes you are correct 5years is maximum. I have been in for 6 years now with 2 more to go. which is ineffective for me because now that i lost my job, i still stand at risk for loosing my vehichle that put me in 13 in the first place as well as my home which wasnt in jeaopardy of foreclosure aat the beginning of 2004.

I went to see my lawyer yesterday. now he suggesting i should tranfer to chapter7. which is at the cost of 1000...I declined. Seems lawyer doesnt have my best intrest in mind. and im back to where i started in 2004. what if anything are my options at this point. can i fire my lawyer..or does my obligations end with him when or if my case is dismissed?

Thank you for the clarification.

can i fire my lawyer..or does my obligations end with him when or if my case is dismissed?
You may fire your lawyer at any time. You may replace your lawyer by retaining a new lawyer who would prepare and file the substitution of counsel for you.If your case is dismissed, it would appear that your obligation to him would be terminated as well.

now he suggesting i should tranfer to chapter7. which is at the cost of 1000.

A chapter 13 debtor may convert to a chapter 7 one time as of right. You can convert by simply filing the form Or you may allow your chapter 13 to dismiss by taking no action

If I have left any of your questions unanswered, please clarify and I will be happy to respond
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.

i guess the "basic" question was answered , yet very vague. You really didnt give me the information i was looking for which was that i dont want to loose my propery or car. esp after paying into this 13 for 6-7 years now. and once it is dismissed what options i have in retaining my property dued to dismissal.

 

your not obligated to respond sir, I will push accept answer becuse i think you lawyeres are way to clever for me, and i'll spend a small fortune on this website, trying to get a cut and clear answer.

 

thank you for your time.