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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19127
Experience:  B.A.; M.B.A.; J.D.
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I am in a chapter 11 Bankruptcy in New Jersey State. There

Customer Question

I am in a chapter 11 Bankruptcy in New Jersey State. There is a settlement on the record that i can not fulfill the terms of . It has been opposed by my council. But it has now come to the point where I do not trust nor do i feel comfortable with my present council. He is going to a conference on Tuesday that i will attend where he will tell the Judge that he can no longer represent me. The plaintiff has filed the motion to enforce the settlement and now after i filed the opposition the plantiff filed an answer to that. My question is will the Judge give me time to find an attorney in order to appeal the settlement agreement if in fact the judge enforces it. If he enforces it I am automatically in breech of it. I Can not cover the settlement because there was a mutual mistake on everyones part assuming certain monies in the estate were liquid . Everyone including the judge assumed.
The second part of my question is the judge is not allowing any professionals to be paid out of the estate right now until this is dealt with . Does that mean he will not allow the estate to pay for new representation for me and if that is the case am i able to appeal the enforcement on my own and how would i do that. Through a motion or can i just use the opposition that my attorney submitted which seems to have a solid argument?
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
I am in a chapter 11 Bankruptcy in New Jersey State. There is a settlement on the record that i can not fulfill the terms of . It has been opposed by my council. But it has now come to the point where I do not trust nor do i feel comfortable with my present council. He is going to a conference on Tuesday that i will attend where he will tell the Judge that he can no longer represent me. The plaintiff has filed the motion to enforce the settlement and now after i filed the opposition the plantiff filed an answer to that. My question is will the Judge give me time to find an attorney in order to appeal the settlement agreement if in fact the judge enforces it. Response 1: It is likely that the Judge would give you an opportunity to obtain new counsel assuming that the Court would allow your present counsel to withdraw from the case. If he enforces it I am automatically in breech of it. Response 2: No, because you are currently appealing the settlement. I Can not cover the settlement because there was a mutual mistake on everyones part assuming certain monies in the estate were liquid . Everyone including the judge assumed. The second part of my question is the judge is not allowing any professionals to be paid out of the estate right now until this is dealt with . Does that mean he will not allow the estate to pay for new representation for me Response 3: Yes, that is correct. and if that is the case am i able to appeal the enforcement on my own and how would i do that. Through a motion or can i just use the opposition that my attorney submitted which seems to have a solid argument? Response 4: You can use the papers your Attorney has filed in the case. There is no need to "reinvent the wheel." Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this. Thank you for your cooperation.

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