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

UPDATED: Apr 27, 2012

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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


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

Answered 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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