Expert: Mark J. Markus- California Bankruptcy Attorney - 9/30/2005

Question
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Followup To
Question -
  hi Mr. Markus!  i needed to lay this out for you and ask something.  about 4 months ago, i filed chapter 13 here is miss.  the trustee was taking 189 dollars every two weeks from my pay, which i can live with.  however, within 2 weeks, he will start taking 363, which does not allow me enough for basic living expenses. now, i have gotten a loan company to approve a loan; all i have to do now is get the judge to give me permission to do that.  im sure my attorney is supposed to do that, but he seems to be dragging his feet for some reason.  he appears to hesitate on this; if he keeps dragging and i go under as far as living expenses, etc., what should i do, and how can i get in touch with the bankruptcy judge myself, (if i even should?) thanks so much!
Answer -
YOu can either:

1.  Hire a new attorney;
2.  Get your present attorney to do his job;
3.  Fire your attorney and act as your own attorney (not advisable).

FOLLOW UP:  ok, thank you!  first, what is the procedure for firing an attorney, and second, do you have any suggestions on how to get him to do his job?  is it ok if i write a letter to the trustee myself, outlining why he is taking too much and leaving me with next to nothing to live on? thank you again!

Answer
1.  You need to have him sign and then file a substitution of attorney form.

2.  You can contact the trustee directly, but I don't want to advise you to do anything contrary to your attorney's advice.  You really need to deal with him/her.  If they are not responding, contact your State bar association.