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Your Attorney

Chapter 7 vs. 13
Who Can File
Why Chapter 13
Plan Requirements
How it Works
Debt Consolidation
Where to file
Chapter 13 Fees
Your Attorney's Role
Fair Attorney Fee
Trustee Fees
Your Case Number
Creditor Approval
Advice from Friends
Your Attorney
The Trustee
341 Meeting
Conversion
Effect on Lawsuits
Automatic Stay
Claim Discrimination
Student Loans
Self Employed
Unemployed
How Long?
How Much?
Plan Payments
Payment Problems

What should I expect my attorney to do in a Chapter 13 Bankruptcy?

Exactly what you may expect of your attorney will be governed by the fee agreement the two of you have made and that has been filed with your case.  Under the rules of the Bankruptcy Court, your attorney must continue to appear and represent you until the judge permits your attorney to withdraw from your case.  Any attorney may only withdraw from a case for "good cause" after proper notice to you.

Your attorney's function is to aid and assist you in successfully completing your Chapter 13 plan.  Your attorney is there to answer any questions or concerns regarding your plan and the legal consequences of your case.  Remember, your attorney is your legal advisor, not the Trustee.  The Trustee and her staff are not allowed to give you legal advice regarding your case.

For more information about bankruptcy, please call us at 408-294-6100, or e-mail us via info@sjconsumerlaw.com.  One of our attorneys will be able to answer any questions which you may have in greater detail.  Please remember that the foregoing information is of a general nature, and does not constitute legal advice.  The facts of each situation are unique, and we must discuss those facts with you before any advice can be given.

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Revised
July 01, 2004

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