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My lawyer is not filing the order to dismiss my chapter 13 bk after the motion to dismiss has been filed at my request ? 2 do?

Kennewick, WA |
Filed under: Chapter 13 bankruptcy

I requested to voluntarily dismiss my chapter 13 due to payment to high. My lawyer filed the motion to dismiss but hasn't filed the order for dismissal and won't return my phone calls. I called the court and trustee and they said they are waiting on him. What can I do to finalize this. I can't afford my wages to be withheld any longer.

Attorney Answers 4

  1. Best answer

    Find a new attorney. If you already paid your attorney, You can report your attorney to the WSBA and possibly sue him in small claims to get your money back.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

  2. With electronic filing, your attorney (or staff) has to follow up the motion with an order. You might want to visit your attorney's office to see why the order has not been submitted. When you call, you need to specify exactly what you are looking for. Just leaving a message to "call me" is not effective. Your message should be "Please let me know why the order for dismissal of my chapter 13 has not been submitted to the court"

  3. The court might have this type of order online at the court website. It is terrible that your attorney has not filed the order yet but you could file it yourself or have another attorney do it for you. Mr. Johnson is correct about your lawyer's unethical failure to communicate with you. Perhaps contact Mr. Johnson and see if he can help you. Bankruptcy is an online court, so it wouldn't matter where the attorney is located in the state of Washington if they are admitted to the federal bar there.

    To schedule a free consultation in MESA, SCOTTSDALE, PARADISE VALLEY, PHOENIX, or TEMPE, AZ. Please call us at 480-840-3138. IF YOU FOUND THIS ANSWER "HELPFUL" or "THE BEST ANSWER," PLEASE MARK IT SO AS AVVO AWARDS THE ATTORNEY POINTS. All attorneys providing answers on this site are donating their time and not financially compensated.

  4. Your comment about your wages being withheld tells me you have a wage order in place by the Ch. 13 Trustee. Your attorney failing to submit the order suggests to me that there are remaining fees owing on your case, and but for the wage order, will not be paid. I'd like to be wrong, but that is what I see, reading between the lines. The prior answers here are all correct. My own thought before reading the answers was also to see if you can get a form dismissal order to file yourself, since the motion to dismiss is already on file. Ours here in San Diego is very simple and a one pager. Failing that, yes, I'd get the assistance of another lawyer to get the 13 closed out.

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