Legal Question in Bankruptcy in Georgia

ADVISE DESPERATELY NEEDED

i hired an attorney to handle my bankruptcy nearly a year ago. she came highly recommended by my coworker who had previously used to file bankruptcy two years ago and who's sister-in-law worked for the firm.

all went well initially. but after a several weeks she seemed very distracted (losing documents, forgetting appointments, unresponsive to calls/emails from myself or the trustee etc.). after repeatedly asking for a copy of the bankruptcy petition filed on behalf, a copy arrived in the mail this week . i was horrified to find out that after sending her a thorough list of creditors only one creditor out of several were listed on the petition.

my coworker was dumbfounded by my experience and began pressing his sister-in-law for a possible explanation. she reluctantly confided that my attorney was in a midst an escalating battle with alcohol so much so her family was considering forcing her into treatment.

i am now in a quandary as to if i should proceed with my bankruptcy case and how.

Can i start again ... new case/different attorney?

or

Can i continue current case .... with new attorney and modify the list of creditors?

Can i request a different attorney take over an existing bankruptcy case?


Asked on 5/29/11, 9:07 pm

3 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Based on what you said, you need to sit down with a new bankruptcy lawyer immediately. Whether you can fix the existing case, file a new one, or do other things depends on what has been filed. My office can review such a case (you're within 30 minutes of my office) for about $100 for the initial consultation and then recommend what if anything we can or should do for you.

Once you get your case straightened out, it is imperative that you report the lawyer to the State Bar for suspension or disbarment or other discipline. Depending on the situation, we may also recommend a report to the bankruptcy court and/or US Trustee, but don't do anything without a review of your case by counsel.

Feel free to call me at 4047683509.

The omission of creditors is a big deal and it sounds like your case may have other problems. Another lawyer may possibly prove a big help.

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Answered on 5/29/11, 9:14 pm
S. Carlton Rouse Rouse & Co., LLC

Contact my office for a case evaluation when convenient. I will discuss various options for your case moving forward. I know you want to closure to this issue as soon as possible, as such feel free to contact the firm at:

[email protected]

I look forward to assisting you during this difficult time.

Best regards,

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Answered on 5/29/11, 11:34 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

If someone who works at the firm tells you there are big problems, then it is time to get a new lawyer. Unless you are up against deadlines, there is not likely an emergency that requires you to hire a new lawyer today. Get some recommendations if you can, and take a couple days to make some phone calls and set up a meeting or two. Your ZIP is in Marietta and there are good lawyers in that area. Don't base it on solicitations to you, and you probably want to avoid a "volume" consumer firm (and they probably don't want a case with problems going in). Keep in mind a case that has been screwed up often takes more time from a lawyer than an entire case done correctly, so good lawyer will want money to handle. There MIGHT be a chance to get some of the fee from the current lawyer, but that is iffy and is one more thing that takes the time of the new lawyer. Filing a new case is not likely to be a good option so you need to make sure this one is handled, even if you have to come out of pocket for extra fees now.

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Answered on 5/30/11, 4:33 am


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