What Can Happen If I Ignore Calls From My Bankruptcy Lawyer?
- Filing a bankruptcy case requires a lot of paperwork. Documents are needed to verify the client's income, assets and the amount of debt being claimed. Often, the bankruptcy trustee assigned to the case will request additional documents. The bankruptcy court may also request documents that need to be filed by a specified deadline. The bankruptcy attorney will attempt to relay this information to his client via phone, email and letters. If the client does not respond to the lawyer and submit the requested documents in a timely manner, the processing of the case will be delayed and the case may eventually be dismissed.
- The bankruptcy lawyer will call clients to remind them of court dates. For instance, a client is required to attend a 341 meeting after the bankruptcy case has been filed. It is a chance for the trustee to speak directly with the debtor and it provides the creditors an opportunity to be heard. Usually a bankruptcy lawyer will call the client prior to the 341 meeting to remind him of when he needs to appear and which documents to bring. If the client cannot appear on the scheduled date, that information needs to be relayed to the lawyer as soon as possible. If the client does not respond to the lawyer's calls, the lawyer does not know if the client can attend the 341 meeting or if the client will be prepared.
- Sometimes creditors will contact the bankruptcy lawyer with information that is inconsistent with the information provided by the client. Creditors will also contact the lawyer if they want to negotiate the terms of certain debts. If a client ignores his lawyer's attempts to communicate with him, the lawyer cannot provide creditors with the information needed to proceed with the case and will have difficulty disputing any potentially inaccurate claims. The lawyer provides counsel and advice to her clients, but the clients decide how to proceed with the case. Decisions regarding how the case should be handled need to be made in a timely manner. If a client doesn't promptly respond to his lawyer's inquiries, it could ultimately minimize the client's legal options.
- When a client consistently does not respond to the lawyer's calls, emails or letters, the case can end up being dismissed. This will happen if the debtor causes unreasonable delay and does not fulfill legal requirements by the deadlines imposed. The client may want to re-file the bankruptcy case, but this will be costly. The client will have to pay the lawyer to reopen the old case or file a new one. The client will also have to pay for the filing fees and any additional expenses that are incurred. If the client decides she does not want to file for bankruptcy again, she will remain liable for the debts that would have been discharged in a bankruptcy. The asset and property protection that was available during the bankruptcy are no longer applicable once the case is dismissed.
Missed Deadlines
Court Dates
Debtor's Intent
Legal Costs
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