Legal Question in Bankruptcy in Georgia
I no longer trust my attorney to handle my bankruptcy case. I've him in numerous exaggerations of the truth and recently found out from a former client of his that he's under investigation for embezzlement.
An important hearing is coming up and I absolutely do not want him to represent me. Upon telling him this, once a bankruptcy case starts it cannot be stopped. Therefore, I must appear in court.
Can I appeal to the court to dismiss/stop/freeze the case until I can find a more competent attorney?
3 Answers from Attorneys
You can't freeze the case for that reason but you can potentially hire new counsel. You might be able to move to dismiss the case, but that might prevent a re-filing or have adverse consequences so you would not want to make that decision without counsel.
The obvious solution is that if you are going to hire a new lawyer, rather than focusing on spending time trying to get the court to do something, start making calls and appointments to hire a new lawyer. The new lawyer will then know what to do in the case and request any extensions. Courts understand that sometimes a change in lawyers is made, but they know it can usually be accomplished fairly quickly (and many debtors try to use it as a delay when they don't like the way the case is going). Your ZIP is Marietta. There are many good lawyers in that area, and Atlanta.
For a case evaluation feel free to contact the firm at: [email protected]
In particular, I need to know the type of case you filed; whether the hearing was set by the court, i.e. a 341 meeting; whether this court hearing was requested by you or a creditor; the reason for the hearing; etc.
Switching counsel is not something that is out of the ordinary. That said, you should do all you can to make sure that your interests are protected and that you are represented while in court.
Best of luck,
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