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I hired and attorney to handled my bankruptcy case, I explained everything in my situation, i did not know nothing about what

Herndon, VA |

chapter i should file for,i left everything based in his knowledge.He filed fist chapter 13,then he told me due to the amount of debts we need to convert to chapter 7, trusting in his expertise, i signed all documents and filed, later my attorney told me that to protect the propertied we need to convert again in chapter 13 now i am surprised to know that the trustee is intended to sell everything and i will be on the street. i am really concern. i think that my attorney made a big mistake and i need to know my rights. somebody told me that i can not change anything until the court day. Can i get another attorney to fight this case? if i do that can i have any chance that the judge considered my situation?

Attorney Answers 4

Posted

Yes, if you choose, you can get a new lawyer. We can't second guess your lawyer on a website, or know if you qualify for a Ch. 13 based on debt, but a second opinion never hurts. Based on your post, you should probably make calls tomorrow to set up an appointment or two. "Somebody" is wrong (as is often the case).

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Asker

Posted

The trustee is pushing so hard to sale the properties. My attorney says that I don have to worry, that I won't lose any property. He says that we have very good probabilities to reconvert in chapter 13. He does not seem worried, but i made a search and i am afraid that i will lose everything. Somebody can recommend me a good attorney.

Posted

Yes, take ALL the documents, especially the two BK petitions to another BK attorney NOW. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Posted

On occasion, in Eastern District of MO, where I practice, I get asked to give an opinion on the propriety of another bankruptcy attorney 's actions. These calls often begin with the premise of hiring me to take over the case that the client believes has been badly handled by the current attorney of record.

If I agree to give an opinion, I do not charge the client & I always explain that I cannot take the case as that would be unethical filching from a colleague.

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Posted

But what what i can do? I do not know what is the procedure. I feel that He is not helping me and He is not telling me the truth, because He says that there is not reason to worry. Now I know that there is reasons to worry and I have to find somebody to fight in the court with very good arguments.

Gary D. Bollinger

Gary D. Bollinger

Posted

Really, I understand that you need an opinion and that you want to hire another attorney: I wrote to suggest that a malpractice opinion is a better place to start. You will likely have difficulty finding that opinion.

Posted

Unlike Gary, I do charge to give a second opinion on how a case has been handled. And if I think it could be done better, I often take the case. (Most of the time, I don't think I can improve on what's been done.)

But whether you see a lawyer who will or won't charge, will or won't take over the case, you definitely need a second opinion.

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Asker

Posted

with the information that i gave. Do you think that this case could be done better? Is there a possibility for you to take this case?

Gary D. Bollinger

Gary D. Bollinger

Posted

Don't expect Attorney Weed to respond. I urge you to contact this attorney and stop posting this thread to Avvo.

Asker

Posted

I apologize with you and everybody for this. I am desperate. Please forgive me.

Gary D. Bollinger

Gary D. Bollinger

Posted

I am no priest, but you need no forgiveness. Seek out the help that was offered.

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