Legal Question in Bankruptcy in Michigan
We are 9 months into a Ch 13 bankruptcy and need to file a motion for some unexpected large expenses, as my lawyer said would be simple....He is no longer returning calls or emails since he filed our case and the plan was confirmed....We can NOT afford a new attorney unless they are paid out of the plan, what can we do??
1 Answer from Attorneys
You don't say how long your attorney has delayed responding to your communications or if the attorney's staff has communicated anything, which goes a long way to what answer should be made here. The "no longer returning calls or emails" may or may not mean that he did return calls or emails on this subject, and perhaps he has not been given more details or a response to any inquiry he made of you.
Assuming you've waited at least three weeks after giving your attorney all the information he has requested and otherwise cooperated with every request he made, I'd start with the Chapter 13 trustee and the U.S. Trustee, who have some sway over attorneys practicing in the bankruptcy courts. As a last resort, you can complain to the Michigan bar oversigh authority.
Keep in mind that your case is not automatically dismissed if you miss a payment. The trustee usually waits until a few payments are missed, and then asks the court to dismiss the case - which can take another month before a hearing is scheduled and you get to argue to the judge why the case should not be dismissed and state the history of communications with your attorney.
As a final thought, it's possible that your discussed the anticipated large expenses with your attorney early on and perhaps you were to budget (save) for them.
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