Salinas, CA Bankruptcy Law Firms & Lawyers

You can change trustees if you have a legitimate conflict of interest with them. An example would be if the trustee represented one of your creditors or represented your ex spouse against you. You can also change trustees if you convert to another bankruptcy chapter. But ordinarily, you have to suck it up with your current trustee.

Yes, you always have the option of representing yourself. However, it is very risky to represent yourself in a Chapter 13 bankruptcy. Chapter 13 is very complicated and you would benefit greatly if you hire an attorney to represent you throughout the whole process. The Chapter 13 Trustee will probably recommend that you hire an attorney. There are many complicated rules that are involved in Chapter 13 and many deadlines you must meet. And, it is important to understand that you can usually pay the attorney a nominal amount up front and the remainder of the attorney fees can be paid to the attorney on a monthly basis out of the money you are paying monthly to the Chapter 13 Trustee. The remaining attorney fees become part of your Chapter 13 Plan.

Depending on who the creditor is, it may be allowed to continue garnishment. If it is an otherwise nondischargeable creditor, such as the irs, state taxing authority, or family support obligation then the creditor may continue to garnish once the stay is lifted. Otherwise, the creditor is prohibited from continuing garnishments because the debt has been discharged.