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

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


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.

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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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