The law office we went through for our chapter 7 bk went bankrupt. Our file was given to a different attorney before it closed and we continued the process with him. The bk was discharged 1/2012 but now the Trustee has come back to us for much more information. So far we are able to produce all the files and records and receipts he is asking for but it's kind of scary.. Is there anything we need to do or say in this situation? No one we've spoken to has had this happen to them before. Thank youThank you all for your information and advice. First the attorney went bk (we later learned) and we were assigned another lawyer. Then the firm went bankrupt. The last lawyer contacted us and said he would continue with us. We appreciate that but it has been difficult connecting with him. I know he's already been paid his fee but I hoped this would close soon. There is a rental property involved that was to be sold in the assets but hasn't sold yet. I finally spoke with the current attorney and learned that the Trustee collects rent. That is one of the reasons for the hold up in our opinion. We just wondered if there was more we should do and is it wise to continue with this attorney however, we cannot afford another lawyer at this point as we are on social security. After speaking to our attorney we understand more and he told us to wait and not worry and to let the process continue. We feel somewhat better. We have no more assets to lose and just would like it completed.
Actually a lawyer can not transfer a case to another lawyer sans the client's permission. Assuming you are satisfied with the new lawyer you have to sit down with him/her and review everything.
The trustee generally requests documents if there is a hint of assets beyond exemptions.
If you are not satisfied with new lawyer you can seek independent counsel.
It's unusual to have your case remain open for two years after you received your discharge. The trustee is obviously looking for assets that were either undisclosed or under disclosed on your petition. You may not have anything to worry about but I would certainly ask the trustee what all he is looking for. Your old attorney can also help you in this regard. Contact him today and see if he can get an answer out of the trustee.
The law firm went bankrupt or the attorney went bankrupt? When you say transferred to another attorney was that an attorney who was working for the firm? I assume you signed an authorization. What documents are they looking for? Ones related to the other attorney or firm? Maybe they are investigating him or her. Is the trustee asking who was your chapter y trustee or the chapter 7 Trustee from the attorney who went bankrupt?
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All you can do is get a new attorney. The fact that your prior attorney went bankrupt is just a side show. Representation in post filing, and especially post discharge activities are never included in the fee you paid for the chapter 7. You are in the same boat. Your attorney, if he/she was still around, would be asking for a new retainer and fee agreement; in essence, you would have to rehire your attorney; which is the exact same situation as you going to a different attorney and hiring them to help you with the issues at hand.
Bottom line, if you need help, go hire an attorney. (Which is what you would have to do anyway).
But I will grant you, it is odd for a trustee to keep a case open for this long and only know getting around to document requests and what not. Get an attorney to advise you.
Contact the lawyer you chose to finish your bankruptcy. There is a chance as a courtesy they may speak with the Trustee for you and can give you an idea of (1) what is happening and why and (2) if you need a lawyer to help you.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice. We are a debt relief agency and we help people file for relief under the bankruptcy laws.
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