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Can I Change My Bankruptcy Attorney in the Middle of a Case?

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When filing for bankruptcy, most people retain the services of a bankruptcy attorney to assist with the process. It is a wise course of action since bankruptcy law can be complicated. Understanding things like exemptions can make the difference between being able to retain the majority of your property or watching it all be liquidated. Our experience level and knowledge of the law can directly impact the outcome of the filing for the better.

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

The client always has the right to hire or fire an attorney, regardless of the type of case that is ongoing. This makes it possible for someone to hire an attorney that they feel is confident, doing a good job, and has their best interests at heart. Most attorneys work very diligently for their clients so having to change midway through the process is rare.

One factor that many people approve of is that the client and the attorney decide fees at the beginning of the case. Clients sign a fee agreement with an attorney when they take the case. Sometimes this involves paying a retainer and having other payments made on an ongoing basis.

Still, if a person feels that an attorney is not doing a good enough job, it is wise to hire a different bankruptcy attorney instead. Since an attorney is going to directly impact the outcome of the case, it is important to be confident in their abilities.

A bankruptcy has a lasting impact

It is not possible to file for bankruptcy every year, making bankruptcy rulings long-lasting. The court ruling is going to remain in place for multiple years. This is true whether it is a liquidation event or a reorganization. As such, how the bankruptcy is handled is important.

For example, in a reorganization bankruptcy, an attorney needs to present a plan for approval of the court. This plan will outline how much money a person pays on a monthly basis for their debts. The plan can be in effect for up to seven years. To put it simply, an attorney's skill level could impact what a person will pay in debt payments every month for the next five to seven years. This makes it important to hire an attorney who can do as good a job as possible.

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Anyone who has filed for bankruptcy and is not satisfied with the performance of their attorney has the right to hire a new one. Just know that there needs to be a good reason to do so because changing attorneys can be complicated and costly.

NOTE: This is for informational purposes only and does not constitute legal advice.