Going Through Bankruptcy Decided to Fire Attorney

Updated on July 29, 2009
D.S. asks from Belton, TX
14 answers

Hello to All,

I have been forced to file for bankruptcy. I had to close my business after 11.5 years due to the change in the economy. I have been at my wits end. I hired an attorney. He did not advise me about filing for bankruptcy on my business. When I had questions after filing he said that I did not tell him my business was an LLC. I am not protected on several accounts because they are in the business name. This has been very difficult. I paid him and he is not doing his job. I have decided to fire him and somehow hire another attorney. I am just looking for advice and kind words about this process. I ask that you leave judgments of why I have filed for bankruptcy to yourself. I am emotionally fragile at the moment. Thanks in advance.

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J.F.

answers from Houston on

I can recommend a wonderful attorney. Her name is Janet Northrup. She is a bankruptcy trustee but takes individuals from time to time if I'm not mistaken. You can't go wrong with her. Good luck.

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D.A.

answers from Houston on

Good for you for deciding to fire your attorney and getting somebody else who will do what he's hired to do. He should have ascertained what business structure you had instead of telling you it's your fault you didn't tell him. Hopefully you'll get some good recommendations here as to who you can use. Make sure the prospective lawyer knows what he's talking about and is emotionally available as well as being able to be reached by phone when you need her. Discuss the fees up front. In this economy, you may be able to bargain the person down. If it's too much, ask for other referrals.

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N.T.

answers from San Antonio on

First off no one should judge you or anyone for being in the situation you are in. You are not alone in this process and the economy is destroying so many small businesses which is tragic. I commend you for trying to do the right thing. I myself am a small business owner and know the stress of this economy. You are right in firing your attorney. You need an attorney you feel comfortable with, can talk to and who is available to answer your questions. Unfortunately there are to many attorneys out there that are in the same boat as far as the economy is concerned and have no passion except to take your money. Make sure you fire your attorney in writing. You can fire them verbally but I know from past experience it must also be in writing. I would demand some of my money back if you have laid out a retainer and ask for a break down of what he has done as well as a break down of his expenses. If he is unwilling to work with you and you feel you have been done wrong you can file a complaint with the Bar Association. There are good compassionate attorneys out there who are willing to work with you. You can also check the attorney's rating prior to hiring them and check out the internet. You would be surprised how many people put their comments about an attorney on the internet. Good Luck to you and just remember that all will turn out. It may take time and be stressful for a while, but eventually you will be back on track. God Bless You..

1 mom found this helpful
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L.G.

answers from Austin on

I too have been hit hard by the economy. I'm sorry to hear about your business. It must be very difficult right now.

I just wanted to remind you that you are stronger than you think. I'm sure you've been through hard times before, just not like these. You took stock in the situation and figured out what you had to do and did it.

This is what I have done when I get overwhelmed by it all. I have decided to not complain about my situation. I have many blessings to be thankful for and I have decided to dwell on those. I have showed my family where we can cut back and taken their suggestions as well. I celebrate the little victories and accomplishments. I have decided to make the best of what we have and show my kids how to endure when life deals you a blow.

I am sure you have what it takes to pick up the pieces. I will pray that you find the right attorney to help you through the legal mess. And just know that you will be a better, stronger person on the other side - someone your daughter will admire all the more! God bless you.

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J.B.

answers from Houston on

I don't have any advise for you but I just wanted to let you know how sorry I am that you are going through this tough time. I'm recently divorced and we had to do a short sale on our home it really hurt my credit. I'm still trying to come back from that. Anyway, hang in there and I hope things turn around for you really soon.

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L.S.

answers from Houston on

I am so sorry for your predicament, but honey no one has the right to judge anyone else. Whatever your reasons are for filing bankruptcy they are your reasons and that is all that matters. These big dealerships get bailed out but us little folks don't have that luxury. So you do what you have to do and don't let anyone's critiques get you down. It seems that we are on our own out here and we have to take care of ourselves. Our government sure isn't. Maybe next time the Presidential elections roll around people will think twice about who they put in office. May God bless you and guide you and favor you with His blessings.I am praying for you.

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C.L.

answers from San Antonio on

I know nothing about this process but my heart breaks for you to lose something you've worked so hard for for so many years. My thoughts are with you as you go through this trying process.

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C.W.

answers from Waco on

HI DanaBeth
So sorry you have had to experience this. I would suggest you do fire your attorney and file complaint with the Bar Association of Texas.....then get some recommendations (if possible) for another attorney to represent you. I am not an attorney and am not familiar with all the BK laws- but you need an attorney that will make youfeel comfortable inthe decision and the course of action you take.
today's economy has caused a lot of heart aches for a lot of people, but not for me. My business is recession prooof so if you are interested in another stream of income I can point you to another direction.
good luck and blessings

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L.B.

answers from Odessa on

I've been there. It finally sunk in to me that my headstone is not going to read, "She filed bankruptcy. She had a low credit score." It was the most stressful time of my life. Looking back, I'd have pulled all the emotion and feeling out of it. It was devastating to my health letting myself get so upset and stressed. I now have lifelong medical situations because of it. Not worth it.

I didn't use my first attorney I went to either. However, I'd not paid him his retainer before I decided to switch.

Good luck. This time will pass. Your headstone at the end of your life will read, "She was a great mother." Focus on what's really important. All the rest is just paperwork. (And lots of it.)

Let people pass judgment all they want. Half or more will look up and find themselves in the same boat, and they will soon see reality. I'd have never pictured myself filing for bankruptcy. Life takes unexpected twists and turns. Friends don't need explanations. And those who do, don't matter anyway. Do what's best for you and your daughter's future. And remember, this too will pass.

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N.S.

answers from Houston on

Shame on anyone who would "lecture" you at a time like this - business is difficult for everyone who owns a business.

Have you found an attorney to hire to handle the whole bankruptcy issue? If not, contact me directly and I can refer you to someone.

Also, if you do not feel as if the first attorney you hired performed his job in the fullest capacity contact the Texas legal board and file a complaint against him.

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J.L.

answers from Austin on

I'm so sorry you are going through this. Yes, you are emotionally fragile! Please know that you are not alone in this process and hopefully you'll be getting some good solid feedback on dealing with this process. One thing that does help is to just sit and write everything down, break it down to your necessities and go from there. Things are much easier in small bites and more manageable. We had a ton of debt a while back and after I did this, I was able to make a plan and show it to those I owed money to etc... I'm still paying for those days, even though we did not file for bankruptcy, the late payments we made in the past have hurt us now. But, we have a roof over our head and our needs being met. I'm sure you'll have lots of support here!!

PS: You have the smarts and business savvy to continue on in a new field or tweak your field of expertise somehow. You WILL make it through this!

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J.B.

answers from Corpus Christi on

When you are ready to find something that is recession proof, let me know. I've been enjoying a recession proof home business for 6 1/2 years and stay home with my little girls every day. I would love to help you rebuild.
J.

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T.W.

answers from San Antonio on

I live in the san antonio area and we are the same process including personal and 3 LLC and have a wonderful attorney who has been very helpful. If you would like his name and phone number just let me know

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L.G.

answers from McAllen on

call Ramon vega attorney and my good friend he will guide u in the right direction ###-###-####

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