You are here:

Bankruptcy Law/Subsitution of counsel

Advertisement

Expert: - 3/4/2010


Question
HOW DO I FIRE OR SUBSITUTE MYSELF as counsel?  Last week I personally filed a conversion form with the clerks’ office from a chapter 13 to a chapter 7 because I am not able to afford the monthly chapter 13 payment. Today I received a letter stating I am still represented by counsel & I need to have my attorney
sign my request for conversion. I am unhappy with my attorney and do not want his office to represent me. At this point, I want to substitute/fire my attorney & complete these last few steps myself. I want to know what I need to do to dismiss my attorney as my counsel.

Answer
The answer depends on the local rules of the court in your jurisdiction.  Usually it requires the filing of a substitution of attorney form first.  Then you can file the motion to convert.  If your attorney is refusing to sign the substitution of attorney, the only recourse I can think of is to contact your state bar and report him/her.   If you don't make the monthly payments in your Ch. 13, eventually the Trustee will file a motion to dismiss or convert and perhaps at that time you can contact the Trustee and request that they ask for conversion to Chapter 7 instead of dismissal, if that's what you want.

http://www.bklaw.com/

Bankruptcy Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Mark J. Markus- California Bankruptcy Attorney

Expertise

Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

    • ©2012 About.com, a part of The New York Times Company. All rights reserved.