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Can I switch attorneys in the middle of a bankruptcy?

Miami, FL |

My attorney has been neglecting my chapter 13 case and after 12 months is now dismissed due to an error in either his part or the trustees. He is very knowledgeable but does not have enough time to handle my case. Is it feasible and ethical to switch attorneys now? He takes too long to file all paperwork and has missed deadlines already.

--- If so, could you recommend someone in Miami who would be willing to take my case at this point?

Attorney Answers 3



You always have the right to change attorneys and substitute in the new attorney.

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It is very hard for an attorney to withdraw from a bankruptcy case because of the sensitive nature of bankruptcies. Therefore if you want to fire your attorney or change attorneys, you may have to push for it yourself. Ask for a hearing. Don't wait for the next hearing. But first talk to a competent bankruptcy attorney so they can determine whether they will be able to take over on your case.

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Yes, you can switch your attorney. It is your right, as the client, to select who you want to represent you. Just make sure the new attorney you have is more prudent with handling their work load.

Even though I am biased, I recommend looking for a younger attorney. Most younger attorneys are faster at doing bankruptcies because they know how to use the bankrutpcy computer technologies themselves to manage their caseload. A lot of older attorneys tend to not have the ability to use this new technology, which is a major disadvantage.

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