Can I Change My Attorney If I Am Already In Bankruptcy?
You have the right to change your attorney even if the bankruptcy has already been filed. There are a number of cases which originated at a different law office but the client wished to move their case to me. In those cases I consult with them and determined a plan of action. Next I reach out to their existing attorney to have them sign a stipulation, or agreement, to substitute attorneys. Once the existing attorney has signed the stipulation I file it to the Bankruptcy Court. Once the bankruptcy judge signs the order I am their attorney.
If your meeting of creditors has already been held and concluded a substitution of attorneys will not cause you to have to have another meeting of creditors. For more information on the meeting of creditors see my article entitled, “What to Do at Your Meeting of Creditors.” If your case is a Chapter 13 bankruptcy and your case has already been confirmed, a substitution of attorneys will not cause you to have to repeat the confirmation process. For an explanation of the confirmation process see my article entitle, How Much Will I Have to Pay To My Creditors In a Chapter 13 Bankruptcy.”
The above information is a general overview and is not intended to be used as legal advice. If you are considering changing your bankruptcy attorney, the best thing to do is call our office at 248-557-3645 and schedule a free consultation so you can receive advice which is tailored to your specific circumstances.
By: Michael Benkstein, Esq.
Managing Attorney, Bankruptcy Department
The Law Offices of Joumana Kayrouz, PLLC
1000 Town Center
Southfield, MI 48075