How and Why to Replace Your Bankruptcy Lawyer

The decision to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy can be a difficult one, especially when you have been attempting to find other solutions to manage your debt. For many debtors in Oak Park, filing for bankruptcy can be a relief. Whether you receive a discharge of your debts and a fresh start with a Chapter 7 bankruptcy filing or the ability to restructure debts and avoid foreclosure by filing for Chapter 13 bankruptcy, bankruptcy protection can provide numerous benefits. Yet when your bankruptcy attorney makes a mistake in your case, it could be time to find new counsel.

We want to provide more details about the process of replacing your bankruptcy lawyer, as well as information about why you may want to consider changing attorneys once your bankruptcy case is underway.

How to Change Your Chapter 7 or Chapter 13 Bankruptcy Attorney
In order to change your bankruptcy attorney in a Chapter 7 or Chapter 13 case, you will most likely need to seek the court’s permission. Under Local Rule 2091-1 of the U.S. Bankruptcy Court for the Northern District of Illinois—where most Oak Park resident cases are filed—this process begins by filing a motion. According to the rule, “an attorney of record may not withdraw, nor may any other attorneys appear on behalf of the same party or as a substitute for the attorney of record, without first obtaining leave of court by a motion.”

There is an exception that you should know about. In cases in which one attorney from the same firm replaces your current attorney, there is no need to file a motion. However, when your lawyer makes a serious error in your case, you will most likely seek advice from an attorney at a separate law firm.

Why You Might Want to Replace Your Bankruptcy Lawyer
Now that you know how to replace a lawyer in a bankruptcy case in the Chicago area, why would you want to do so? To be clear, simply getting frustrated with some of your lawyer’s behaviors may not be a sufficient reason to change attorneys. To be sure, if you change attorneys, you will likely end up paying much more in attorney’s fees. Moreover, your bankruptcy case may take longer to complete.

However, there are numerous scenarios in which you may want to replace your attorney. The following are some reasons to consider finding a new bankruptcy lawyer:
  • Your attorney does not respond to communication from you, from phone calls to emails;
  • Your attorney lacks experience handling bankruptcy cases;
  • Your attorney provided misinformation or incorrect information about the bankruptcy process, or bankruptcy law in general;
  • Your attorney missed an important filing deadline;
  • Your attorney incorrectly filled out or filed important documentation in your bankruptcy case; and/or
  • Your attorney failed to show up to a required meeting, from an individual appointment with you to the meeting of creditors.
Contact an Experienced Oak Park Bankruptcy Attorney
Replacing your bankruptcy lawyer can be complicated, but it may be necessary. If you need advice about your bankruptcy case or finding a new lawyer, you should speak with an experienced Oak Park bankruptcy lawyer at our firm. The Emerson Law Firm has years of experience assisting debtors in bankruptcy cases and other consumer protection matters. Contact us today for more information.


See Related Blog Posts:

Update on Department of Education and Debt Collection

Consumer Bankruptcies Increase Nationwide

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