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What can I do if feel that bankrupcy attorney is not representing me and have been paid

I filled bankrupcy 2 year ago chapter 13 to save my home, last month receive notice that mortgage company was asking bankrupcy to be discharge because of 2 missed payments (which is not true and can be proven) called mortage company and was sent by email that was not delinquent in payment and was told to give to our attonery. our attorney is not showing to judge and said still have to pay what mortage company want even though not dilinquent plus mortgage attorney fees

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Attorney answers (3)

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Reputation Level 14
Please contact your attorneys office and ask to speak to them. You do have the right to hire a different attorney to represent you in this matter. You can also file your own motion in court -- I do not advise that. You can also speak to the Attorney Registration & Disciplinary Commission. All of the bankruptcy courts have orders which outline what they expect that an attorney will and will not do in either a Chaopter 7 or Chapter 13 bankruptcy. Please check with your attorney first.
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Reputation Level 15
You have every right to fire your lawyer and demand that any unearned portion of your fees be refunded to you. You would do well to hire another lawyer. Below is a link to your state's website for attorney complaints.

Act quickly. Don't let this situation get out of hand.
1 person marked this answer as good

Reputation Level 15
I encourage you to make sure you have done everything to understand what your attorney has considered and why he or she is advising you that you must pay. Insist on an appointment if necessary to get a satisfactory answer. If the attorney is not responding to your calls or requests for an appointment, you can suggest that you will seek disciplinary action, but please be sure that the situation warrants it before you file any complaint.

If you were delinquent at the time the mortgage company took action, even if you then caught up, you may remain responsible for the mortgage company's penalties and legal costs and fighting it may just increase your costs as compared to paying the amounts remaining due through an agreed payment order.

If after consulting with your attorney you remain concerned, then you need to consult promptly with another attorney qualified in Chapter 13 cases. You may also show up at the court hearings on the mortgage company's motions. While your attorney should speak for you at the hearing, often being there helps in getting matters straightened out.

If the current attorney has been paid on the basis of representing you through the entire case, then there may be an argument that if you hire another attorney part of the fees paid should go to the new attorney. If the fees were to be paid through confirmation, then additional fees may be requested if there is room in the plan for it.

This space offers limited opportunity to fully consider the matter as an attorney should review documents and interact with you to fully evaluate the situation. You need to seek to resolve this promptly through your attorney or another attorney if warranted.
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