I am pending a bankruptcy adversary hearing. At the bankruptcy court, the person contesting my chap 7 is a pro se.My lawyer seemed to be a deer in headlights and just doesn't seem to be fighting for me. Now, although I am filing Chapter 7, she sends me a letter with a Chapter 13 as I am sure that's a typo. She almost missed the reply date so she asked for an extension and then withdrew it.While in court, she is reading law terms as if she is new in law, and telling me how much money I owe her shortly before court.I want to know if I have any rights, any advice would be helpful. I am so stressed that I am having a lawyer who doesn't seem to be astute meanwhile this creditor is relentless!
Your post is vague and beyond a possible typo, you really don't tell us a thing that your lawyer has done incorrectly or the harm you have suffered. Certainly, no one here can second guess your lawyer or give you advice about your case, especially with no actual facts. As far as your "rights," you have the right to see another lawyer for a second opinion.
Please review your retainer agreement you signed with your attorney. Most retainers would specify what will happen if there is an adversary proceeding in the CH 7 case (or if it was covered in the basic flat fee). Then sit down and discuss with your attorney if you need to hire an additional attorney for adversary proceeding.
Chapter 13 Bankruptcy Attorney
Your post is not clear. You really don't tell us a thing that your lawyer has done incorrectly or the harm you have suffered. Certainly, no one here can second guess your lawyer or give you advice about your case, especially with no actual facts. As far as your "rights," you have the right to see another lawyer for a second opinion or you can contact your state bar association if your lawyer has done you wrong.
Most attorneys exclude adversaries from their Chapter 7 agreement due to the work necessary to litigate one including myself. A typo is not a negligence action. You must have damages.
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