Answer A Question That Will Be Displayed On Massachusetts Bankruptcy Websites On The Lawqa Network.
Law Area: Bankruptcy
State: Massachusetts
ID:144713
Question: I’m laid off and under chapter 13 how to proceed?
Question Detail: I just got laid off and am under a chapter 13 and cannot get my lawyer to see me or take my calls. I have no way to pay the court at this point and have not gotten any answers from anyone about anything. I am trying to support a family and being laid off is bad enough and to not have any answers on this just adds to the stress. Is there any action I can take on my own or do I need the attorney to do it?
A: I am uncertain why it is that you are unable to see your lawyer. I am guessing that you went to one of those lawyers whose office is in another city, but who occasionally visits a satellite office in your town. The best way to deal with an attorney who will not return your calls or make you an appointment is simply to drop by the office. I cannot imagine any lawyer refusing to see a client who is present in the office, if the lawyer is otherwise available. I have chosen to answer this question, because I wanted to make a broader point. A number of lawyers in the bankruptcy area are pretty fly by night. We are having a big problem here in Massachusetts because a number of lawyers have recently been suspended from practice in the Bankruptcy Court, or are otherwise suddenly unable to represent their clients. A lot of lawyers suddenly became bankruptcy lawyers in the past five (5) years, as many other areas of practice, such as real estate, suddenly became unprofitable. A number of these lawyers do not have regular offices that you can just “drop in” at. Finally, it has become common in the area of bankruptcy for an attorney to have multiple satellite offices, and meet clients at specified times in specified offices. In this way, they are generally not present if you randomly drop by the office, and not available even if they are present. They are only there for specified meetings and then they “have to leave”. So the first thing you need to consider when hiring an attorney in bankruptcy or any other area is the availability of that attorney if you have a problem. Keep in mind that that is the time you are most in need of your attorney. We are not so important when everything is going well.
As for your current situation, it really depends on why you were in ch. 13 in the first place. If you are there because you are a “high income debtor” who failed the means test, then this might be an opportunity to convert to ch. 7. Please note that I used an indefinite verb “might”. It really depends on the facts of your situation. If you are in ch. 13 because you are behind in your mortgage and are trying to save your house, you seriously need to get your lawyer’s attention. You have a big problem. You need a lawyer who knows how to bob and weave. Unfortunately, it sounds like you have a lawyer who has no interest in your situation. This is unfortunate. While you are unemployed, you may fall further behind. When you are working again, you may need to make arrangements to catch up. These arrangements can be made, but not by a lawyer who does not care. Unfortunately, you will be unable to do these things yourself. No one will talk to you while you are represented by an attorney, nor should they. It is your attorney’s job to talk to them.