I am 6 months away from completing the payment plan on my Chapter 13 case. My attorney that filed the case for me in the beginning has closed her practice and no longer able to complete the case. Do I need to hire another attorney or should I be able to finish this on my own?
First, make sure you had the 2nd class filed with court.
Second, make sure your Trustee has a DSO form for you to sign or you will need to comply with that.
Third, local rules may require other information to assure compliance.
You could make sure steps 1 and 2 above were done and then contact trustee to ask if there is anything they are aware of to hold up your discharge. They are NOT there to give you legal advice though either. THus, all attorneys will say to obtain an attorney and especially one familiar with your local rules. Where I practice that is all that is needed but where you live..I have no clue as I don't practice in that state. Hopefully an attorney on AVVO in your state will answer further too. Good luck on your fresh start too
I just answered another question from someone who can't figure out why their Chapter 13 discharge hasn't been issued. Unless every document is filed, including one called a certificate of completion or compliance, which cannot be filed until after the trustee issues a final accounting, your case could be at risk. I am surprised your attorney did not recommend a colleague to take over your case and perform the final responsibilities. Hope this perspective helps!
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I believe you will likely find that in general most Bankruptcy Attorneys are caring souls, it comes with the nature of our practice. I would suggest that you check the "Find a Lawyer" tab above and locate a couple of Bankruptcy Attorneys in your local area. Chances are that for the price of a plate of brownies or cookies, you would be able to convince an Attorney to talk you through the process of filing the necessary documents to get your case completed. However, if you really want to make sure it is done correctly, you should simply hire a qualified Bankruptcy Attorney to review your Court Docket and make sure all documents have been properly completed and filed with the Court. Remember you have been in this Plan for 3 - 5 years; do you want to risk the possibility that all those payments and time has been for nothing? Perhaps payment of a couple hundred dollars more would be a good investment at this point in time.
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