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Frequently asked questions
Can my bankruptcy attorney just drop my case?
No. In bankruptcy court, an attorney must file a motion to withdraw and get court approval. The court will consider whether the withdrawal would prejudice you and may deny it at critical stages. Your attorney cannot simply stop working without going through this process.
What do I do if my bankruptcy lawyer withdraws?
Act immediately: get your case file from the withdrawing attorney, note all pending deadlines and hearings, start contacting replacement attorneys, and respond to the withdrawal motion if needed. Do not ignore court notices -- you are responsible for your case even without counsel.
Can I get a refund if my bankruptcy attorney withdraws?
Potentially. If you paid a flat fee and the attorney did not complete the work, you may be owed a partial refund. The bankruptcy court can review fees under 11 U.S.C. Section 329(b) and order disgorgement of any excessive amounts. State bar fee arbitration programs can also help.
Can I represent myself if my bankruptcy attorney withdraws?
Yes, you can continue your case pro se. However, this is very challenging in Chapter 13 cases. Court self-help centers, the clerk's office, and legal aid organizations can provide some assistance. Finding replacement counsel should be your first priority.
Why would a bankruptcy attorney withdraw from my case?
Common reasons include nonpayment of fees, client non-cooperation (not providing documents or missing appointments), irreconcilable disagreements about strategy, or conflicts of interest. The attorney must state the reason in their withdrawal motion.
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