Hello,
If I have filed a chapter 13, in the process of paying my fees to the trustee, and I have a new found issue with my attorney can I replace him??

Yes. You may need the permission of the Court. Call the Court Clerk and ask.

Expect to pay your current Attorney before he/she will release your file.

Quote:

---

Originally Posted by JudyKayTee

Yes. You may need the permission of the Court. Call the Court Clerk and ask.

Expect to pay your current Attorney before he/she will release your file.

---

OP doesn't need the court's permission to change attorneys.

And in many places attorneys are not allowed to hold their client's papers conditioned upon payment of their fees. Bankruptcy attorneys must be admitted to the bar of the United States district court (there are from one to several such courts in each state) where the bankruptcy is pending. Rules for admission to any particular district court normally adopt the state bar rules by reference.

I am famliar with Attorneys asking for the Court's permission to be discharged OR having the Court approve a substitution.

That is not the case in Federal Courts?

Quote:

---

Originally Posted by JudyKayTee

I am famliar with Attorneys asking for the Court's permission to be discharged OR having the Court approve a substitution.

That is not the case in Federal Courts?

---

Good queston.

It would depend upon the local Federal rules. And there is a distrinct difference between attorneys withdrawing so that the client is left to represent himself - as opposed to a substitution. My previous comment was addressed to the substitution scenario.

I recently considered moving to withdraw from a bankruptcy case here in the Northern District of Florida. I discovered that the local Federal rules don't seem to address the situation.

But, in general, if the client has another attorney willing to step in, the court can't refuse (or would have no reason to do so). It would normally be done by stipulation.

I suppose a judge might conceivably refuse permission to substitute counsel if a trial is imminent and the court were afraid that the new attorney wouldn't have time to get up to speed. But even then, most judges would take the position (in a civil case anyway) that the client is free to choose. And bankruptcy "main" cases rarely require trials anyway.

Thanks for the explanation - much appreciated.