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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


  1. 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).


  2. 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.


  3. 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.


  4. 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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