Legal Question in Bankruptcy in Connecticut

3 Time hearing cancellation

Jan. 16, I filed Chapter 7 with a local Lawyer and paid him 1/2 of his fee. Never heard from him until Sept. 10, to do all the signing so he can file the motion.

Recieved a letter from the Trustee in Bankruptcy that our hearing was set for Oct. 10, on that morning my Lawyer called and said it was cancelled, again this happen later in October.

A 3rd meeting was set (same type of letter) today Nov. 19, my Lawyer again called and said he had court and had to cancell. He claims that if the case is dismissed he will pick up the cost to refile. My question, why can I not go to the hearing without him, 2) Is this common, 3) How much should my wife and I worry about these delays. Lastly, if you will be so kind, can one file Bankruptcy with money owed to the IRS,

Thank you again for your help


Asked on 11/19/02, 9:27 am

2 Answers from Attorneys
Thomas Noonan Attorney Thomas F. Noonan L.L.C.

Re: 3 Time hearing cancellation

Delays are not uncommon, especially when an attorney has to be in court on another matter and no harm will come to you if your matter is delayed. You can go to court without your attorney, but you may be limited to requesting the court to require him to attend another hearing. I assume that the hearing is a first meeting of creditors before a trustee. If it is, the trustee may allow you to proceed without your attorney, but you may be taking a risk. It my be better to call the court clerk and explain the situation. The clerk may set the meeting down for a final hearing date or a dismissal may enter or some other action may be taken that would require attendence by your attorney of the court will impose sanctions against him. You can file with IRS as a debtor, but you should already know that if you have read your schedule of debts that were filed with the petition. I would suggest that you request an appointment to speak to your attorney about your case and stress the fact that you are not satified with his service and request that he review the petition with you and explain the handling of the IRS debt. Tom Noonan

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Answered on 11/20/02, 10:03 am
Robert Nichols Robert J. Nichols, Attorney at Law

Re: 3 Time hearing cancellation

As to your first question: If your attorney has a heavy trial schedule conflicts will develop between matters in various courts requiring some matters to be postponed.

As to your second question: I would recommend you have your attorney with you at any hearing.

As to your third question: You can file a bankruptcy petition with taxes owed to the IRS but the taxes can not be discharged in bankruptcy.

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Answered on 11/22/02, 9:19 am


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