What can we do if our Chapter 13 is not being handled by our attorney?

Chapter 13 Bankruptcy 4 views 4 answers
All debts 100% plan paid in Jan., Final statement from Trustee in Feb. - Called in March, called in May, RE-signed forms again in May. Called today and it is still "under review by our attorney".?? What can we do?

Attorney Answers

4
Terrence Michael NolanChapter 7 Bankruptcy AttorneyBaltimore, MD ·
Send your attorney a letter the delivery of which can be proven. Ask that the case be concluded in 30 days, and if not, you are going to send a letter to the B/R Judge that is in charge of your case. There is some paper pushing that occurs at the end of a Chapter 13, however, this appears to be unusually long. This is a matter of State and Federal B/R law. I would strongly suggest that if your attorney does not answer, you consult with a local attorney (perhaps selected from the website resources) with experience in this area of law, to offer a free initial consultation and perhaps assist with the process. If this information was helpful to you, even if you do not like or agree with the advice, please let me know by clicking on the “Helpful” or “Best Answer” button. Good luck!
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Robert W GambrellChapter 13 Bankruptcy AttorneyOxford, MS ·
Agree with Mr. Nolan. I would just add that in addition to stating that you will send a letter to the Judge, also state that you will copy the letter to the United States Trustee with your complaint.
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Dwayne Farnsworth ·
I would recommend that you schedule an office appointment with your attorney. Meeting together you should be able to iron out any misunderstandings that may be getting lost in your other communications. I would suggest that you approach the situation "hat in hand" and try to diffuse any interpersonal friction. You will always catch more flies with honey. Good Luck!
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Dorothy Bunce ·
If the trustee filed the final accounting, if you filed your FMC, then your attorney needs to file a final certificate saying you don't owe child support, where you work & where you live. I can prepare & file in under 10 minutes, usually under 4 minutes, so this excuse is bogus. What's the real reason? Does your attorney have only a little chapter 13 experience? Is the staff lazy? Is your attorney not a hands on guy? Has your attorney been ill? I can't identify the problem, but I guarantee it isn't that this little matter will take too much time. Hope this perspective helps.
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