There is a lot of information and I'm not sure how much to put here. My pmts kept going up and I couldn't keep up. The attorney working my case passed away and I have had almost no communication with the group he worked for. He was going to move me from 13 to 7 before he passed away. Nothing was done after he passed away.
teven Nathan AinbinderInsurance Law LawyerBoca Raton, FL ·
I am sorry your attorney passed away. When an attorney passes away, there is supposed to be a procedure in place to transfer files to people within the firm or possibly to another attorney outside the firm. Remember to be nice when dealing with the office. They are probably upset the attorney passed away as well. Also, you get easier cooperation when you're nice.
I would schedule an appointment to personally go down to the lawyers office and ask for a copy of your file. If your case was dismissed because the attorney missed some deadlines due to his/her poor health or unfortunate death, I believe there is something a new attorney can do to get the case reinstated.
The key is to not make phone calls, but to go to the office directly.
Good luck.
Bradley David MccormackBankruptcy AttorneyKansas City, MO ·
If the case has been dismissed you should find another attorney who can possibly re-open that case or file a new Chapter 13. You have the right to file a new Chapter 13, however, there are restrictions if you have had one dismissed within the previous 6 months. A new attorney could help you with those restrictions and get you back on track.
The prior attorney is correct that a procedure is supposed to be in place to be sure such a problem does not happen. That being said, if the old firm is not returning calls, it is a bad sign. As Mr. Roberts stated, you should consult with one of us local attorneys to see what happened in the Chapter 13 and what can be done going forward. Depending on your circumstances, you could be better off having the case dismissed as it is and refiling a Chapter 7 or 13, or reopening the old case. In this type of situation, our judges tend to be pretty understanding when your counsel passes or their are extenuating circumstances.
My colleagues are spot on, if you have questions about your previous case, then you need to set up a consult with a couple of attorneys to discuss your stituation. Most will be able to give you the same substantive information but this will allow you to feel out the attorney/firm so that you will have more confidence in the firm you hire. Good luck.
