Here is another very important question from AVVO.com. The client wants to file a new Chapter 13, but the attorney won’t call back or respond. And, to top it off, the client’s car is about to get repossessed. It is very important that you choose the right attorney. What would you do?
The Question: My attorney has advised me to do a strategic dismissal of my Chapter 13. So I stopped making payments and we were supposed to re-file, but now that my case was dismissed last week, he’s been too busy to re-file. My auto creditor said they would wait 10 days after dismissal before repossession. It’s almost been 10 days. I can’t lose my car, and now my attorney is not returning my calls. His office keeps promising me they will get back to me, but no one does, nor does he return my emails. What can I do to get him to re-file? He has all the info he needs. Can they take my car out of my locked garage?
My answer:
First off- it is very important that you have a lawyer who returns phone calls and emails promptly; by promptly, I’d say that within 1 business day is reasonable. You need to think to yourself, will I be able to work with him for the next 3-5 years? If the answer is no, you should consult with some other attorneys before filing your case. You should set up an appointment ASAP, and most bankruptcy attorneys will meet with you for free, as I would.
Second, you need to do a new pre-filing counseling course, and pay the attorney for whatever portion of the fees and costs he requires before filing the case.
As far as getting the car out of a locked garage, the repo-men cannot break into private property, but they can be creative in finding ways to get in without “breaking in”.
When you file the new case, and assuming this is the only case you’ve had going for the last year, your protection will only last 30 days, and your attorney will need to file a motion in the court to convince the court of what has changed to make this case more likely to succeed. Only if the judge agrees will you get more court protection.
So, it’s a complicated situation. You need answers quickly, and if you aren’t getting them, call another bankruptcy attorney right away.
Daniel J. Winter
BankruptcyLawChicago.com
312-789-9999
djw@DWinterLaw.com
Offices in Chicago, Gurnee, Oak Lawn, and Skokie, Illinois
