onemoremile
Junior Member
What is the name of your state? Ok
I have a rather complicated situation that I need help with- I am truly desperate. To address the immediate question- my husband and I have a hearing in our bankruptcy case scheduled for next week out of state. Circumstances have developed that require us to dismiss our attorney- completely justifiable. When we do so, it will become neccessary for us to ask for voluntary dismissal of our case as we no longer live in that state and it is impossible for us to retain other counsel there or to travel there for further proceedings. We will need to re-file in our home state( We have lived here long enough to do so). Do we fire our attorney at the hearing in front of the judge, or appear at the hearing and tell the judge that we have dismissed our attorney explaining the circumstances? Due to the circumstances, when we appear in court we will not be prepared to answer questions regarding our plan- the reason for the hearing. We do not want to anger the judge by wasting her time, showing up with a different agenda other than that intended. I do not want to try to contact the judge or the trustee outside the court for fear that it may be considered inappropriate. What is the best way to handle this situation- firing our attorney and asking for a voluntary dismissal or asking the judge to dismiss our case without predjudice so that we can attempt a new start. We would like to do this the most respectful way in order to hopefully prevent the judge from dismissing us with predjudice and barring us from refiling for an extended period of time. If that happens we will lose our car as it has gotten considerably behind in payments through the course of this mess.
Please help. I'd really appreciate it.
Thanks
I have a rather complicated situation that I need help with- I am truly desperate. To address the immediate question- my husband and I have a hearing in our bankruptcy case scheduled for next week out of state. Circumstances have developed that require us to dismiss our attorney- completely justifiable. When we do so, it will become neccessary for us to ask for voluntary dismissal of our case as we no longer live in that state and it is impossible for us to retain other counsel there or to travel there for further proceedings. We will need to re-file in our home state( We have lived here long enough to do so). Do we fire our attorney at the hearing in front of the judge, or appear at the hearing and tell the judge that we have dismissed our attorney explaining the circumstances? Due to the circumstances, when we appear in court we will not be prepared to answer questions regarding our plan- the reason for the hearing. We do not want to anger the judge by wasting her time, showing up with a different agenda other than that intended. I do not want to try to contact the judge or the trustee outside the court for fear that it may be considered inappropriate. What is the best way to handle this situation- firing our attorney and asking for a voluntary dismissal or asking the judge to dismiss our case without predjudice so that we can attempt a new start. We would like to do this the most respectful way in order to hopefully prevent the judge from dismissing us with predjudice and barring us from refiling for an extended period of time. If that happens we will lose our car as it has gotten considerably behind in payments through the course of this mess.
Please help. I'd really appreciate it.
Thanks