Can I change bankruptcy attorneys in the middle of a case?

If your attorney doesn't return phone calls or appear at hearings, you can replace him or her.

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Question

I hired a lawyer to file my bankruptcy case. But he didn’t show up to my meeting of creditors and won’t return my calls. Can I change my bankruptcy attorney in the middle of my case?

Answer

Yes, if you are unhappy with your bankruptcy attorney, you can replace him in the middle of your case.

You Can Change Your Bankruptcy Lawyer

If you hire an attorney to file your bankruptcy, he or she should represent you at your bankruptcy hearings and return your calls in a timely manner. In some cases, your attorney may have a valid reason for missing your hearing (such as an unexpected emergency).

But your lawyer (or your lawyer's office) should still make every effort to keep you informed about your case or send another attorney to appear at hearings. If your lawyer didn’t go to your meeting of creditors and won’t return your calls, it may be time to change attorneys. Fortunately, you can replace your bankruptcy attorney at any time. (Learn more about replacing your bankruptcy lawyer.)

What to Do If Your Bankruptcy Lawyer Won’t Return Your Calls

If your bankruptcy lawyer won’t return your calls, before you decide to replace him or her, you may be able to:

  • reach your lawyer through other methods like email
  • receive guidance from your state bar association, or
  • go to your lawyer’s office to learn more about what’s going on.

(Learn more about what you can do if your bankruptcy attorney won’t return your calls.)

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