Legal Question in Bankruptcy in Michigan

Bankruptcy lawyer quit

My chapter 13 was confirmed in sept. My lawyer left the firm she worked for about the same time and had me sign a legal form to change. We had some disagreements (she made an error and I took care of it with the Trustee's office because she said she did not make a mistake) and she quit. She said she was filing a motion to withdraw. I refused to sign a paper to say she could stop being my lawyer. The original firm said they can't take my case! So now I have no lawyer. The money has come out of my payments and they have been paid and it is in a trust at the original lawfirm. They said that most of it has been used and they will see if I'm owed a refund. Do I need a lawyer from now on? Also, I have $3500 in back taxes in the chapter 13. I am paying 100%. If I get a tax refund, will the government take it? Thanks.


Asked on 11/19/07, 7:09 pm

2 Answers from Attorneys
Peter Torrice Canu, Torrice & Zalewski, PLLC

Re: Bankruptcy lawyer quit

Yes you need a lawyer from now on. That lawyer still has an obligation to your case and I do not know why the firm would deny staying on your case. As for your taxes I am sure in your plan confirmation order it states that all tax returns are to be submitted to the trustee. If you do not submit those tax returns the trustee may file a motion to dismiss. Read your chapter 13 plan.

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Answered on 11/19/07, 8:13 pm
Rochelle Guznack Law Offices of Rochelle E. Guznack, PLLC

Re: Bankruptcy lawyer quit

You may still need an attorney. If you attorney gets an order to withdraw, she has every right to withdraw. It sounds like your attorney thought you were second-guessing her. If I thought that about a client, I would probably withdraw also. In a Chap. 13, the debtors must turn over all tax refunds to the Trustee. If you have additional debt, you may need to modify your plan.

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Answered on 11/20/07, 7:21 am


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