Legal Question in Bankruptcy in Florida

I had a chapter 13 bankruptcy and made payments since 2008. Things became financially worse, and I missed paying and now it has been dismissed (since 11/1/2011). My attorney says I can continue (petition to...) chap 13 for a fee, but that I am now eligible for chap 7 bankruptcy. But he wants THOUSANDS to file the chap 7, which makes things difficult (since I had trouble making payments to begin with). I understand that now, without chap 13, all my debts are now again valid - so I MUST refile "something". My question: a friend said i can file the chap 7 myself with appropriate forms and for a lot less money. # 1- Is there a certain "time period" that must pass from dismissal date of chap 13 to file chap 7? #2 - Is it "unethical" to move from my chap 13 attorney for pursuit of chap 7? # 3 - Is it too difficult/unreasonable to file myself? Thank you. Mary


Asked on 1/20/12, 9:43 am

1 Answer from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

It is not unethical to convert the case to a chapter 7. It is far too difficult to file it yourself. You must have an attorney do it for you. Talk to the attorney and get them to come down in price, or get another to do the 7 for less.

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Answered on 7/05/12, 11:54 am


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