Under the rules of the Bankruptcy Court, your attorney must continue to appear and represent you for as long as your case is active or until the judge permits your bankruptcy attorney to withdraw from your case. If you ever have a question concerning your bankruptcy case, a creditor, your rights or your options in bankruptcy, you should make it a rule to ask your attorney first. Be sure that you and your attorney have discussed fully whether additional legal services during your plan will cost you more money or whether the initial fee will cover all legal services. Keep in mind that all legal fees are monitored and regulated by the Bankruptcy Court and its officers. If at any time during your bankruptcy you wish to obtain a new attorney, an Order must be entered by the court appointing a new attorney and relieving your prior attorney.
Some examples of your bankruptcy attorney’s responsibilities are:
- Ensure that all secured debts are valid.
- Handle disputes with your creditors.
- Appear at any Court hearing in conjunction with your case.
- Review proofs of claim filed by your creditors with your case.
- Assist you in overcoming any obstacles that may arise during the course of your plan by filing any necessary documents or pleadings. This includes, but is not limited to, suspension of chapter 13 plan payments, motions to obtain credit, motions to enter into a loan modification agreement with your mortgage company and motions to buy or sell real estate.