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Can my lawyer change a pending Chapter 7 to a Chapter 13 as a response to a creditor contestment?

Atlanta, GA |

I have a Chapter 7 case with a contesting creditor who has requested an adversary proceeding for intentional property damage.I receive a letter stating chapter 13 and motion to withdraw document from my lawyer.Does this mean that my lawyer has changed my chapter 7 into a chapter 13 because a creditor is demanding immunity from my original chapter 7 bankruptcy? Is this legal for my lawyer to do without my permission? I PAID for a Chapter 7.

Attorney Answers 4

  1. Best answer

    Although it is possible in theory your lawyer could do this, it would be unethical for him/her to do so without your consent. Not to say that doing this may be in your best interests as a way to fully resolve the adversary proceeding. But it is more likely that whoever prepared the paper you received made a typo..that happens much more often. You can look at the court records on Pacer 24/7 if you are willing to pay a buck or so to view your file. Hope this perspective helps!

  2. Sorry, but like the question you just asked you are asking for guesses as to what documents and letters say, what they mean and what your lawyer is doing when we don't have the documents or know what is going on in the case. The documents certainly say much more than you stated. You are going to either have to get comfortable with your lawyer or get a new one.

  3. Your statement of facts is confused. An attorney cannot change a Chapter 7 to a 13 without your permission. You should consult with your attorney and if you don't feel comfortable with your attorney then fire him or her and get another one.

    Attorney Sternberg is admitted to the practice of law only in the State of Ohio. His answering of this question does not constitute an attorney client relationship, nor can his answer be relied on since the question does not permit Attorney Sternberg to seek additional information necessary to render an legal opinion.

  4. You need to have a sit down conversation with your attorney.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

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