Can I withdraw my Chapter 13 case after meeting with trustee, due to luck of communication with my attorney?

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Can I withdraw my Chapter 13 case after meeting with trustee, due to luck of communication with my attorney?

I had a meeting with the trustee already but nothing went the way my attorney promised. He does not call me back, does not reply to my e-mails. I have trouble getting any advise form him and the one he gave me are all wrong. Can I withdraw my petition at this point and hire new attorney?

Asked on April 27, 2012 under Bankruptcy Law, California

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 11 years ago | Contributor

You can dismiss your case at any time, but there may be consequences for doing that, most specifically is limiting the protection of the automatic stay in your next filed case (if you file another case within one year).  So, it might be better to keep your existing case open and switch attorneys and try to fix things.  Without knowing more about the specifics of your case, it's hard to advise further.

 


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