Is it possible to change bankruptcy attorneys after a bankruptcy is filed and still in process and if so, what is the process?

Asked over 3 years ago - Glendale, AZ

The bankruptcy is a chapter 13. The paralegal has been stunningly rude and impatient and adds to my already extreme stress. The last time we spoke she angrily hung up on me. I was never told what to expect from the court or what past taxes to pay or not pay, so I've been paying them and now learn from her that I wasn't supposed to. I don't know what is expected of me or where I am with all this and the knowledgeable party is hard to work with and I've learned that it's not just with me. Thank you for your response.

Attorney answers (2)

  1. Jason Scott Treguboff

    Contributor Level 12

    Answered . Generally, you can fire your current attorney at any time. The process is pretty simple. Your new attorney will file a notice of substitution of attorney with the bankruptcy court and attach a fee agreement with it.

    Be aware that you may go from a flat fee to an hourly rate when you switch bankruptcy attorneys in the middle of a case.

    You should speak to a local attorney to see if they can assist you in moving your case forward.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . I would not recommend changing attorney's once the case is filed based solely on your interaction with the paralegal. I would let the attorney know that you are having problems & explain exactly what these problems are so they can be addressed. No one is perfect and someone needs to complain when a staff member is rude and isn't doing their job!

    If you feel you cannot continue to work with your current attorney, you can simply hire a new attorney and let him/her take care of the ugly details of telling your former attorney "you're fired."

    Hope this perspective helps

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