Monday, May 17, 2010

Is the attorney who represented me in the bankruptcy case required to represent me in the adversary lawsuit?

Debtors must offer an aggressive defense. Debtors must offer a defense if there is any hope of avoiding the loss of the bankruptcy discharge. But, the court system is stacked against debtors who fail to defend themselves or acts without the benefit of an attorney. On one hand, debtors are typically unschooled in bankruptcy law and unskilled in defending themselves. On the other hand, the creditor who files an adversary is typically represented by an experienced bankruptcy attorney who is schooled and skilled in the art of filing adversary lawsuits. The attorney against you studied the U.S.



So who should represent the debtor? Most debtors wrongly believe that the attorney who filed the underlying bankruptcy case would necessary also automatically represent the debtors in the adversary proceeding. Nevertheless, that is the assumption of most debtors. But, the bankruptcy case is a totally separate and different case from the adversary lawsuit filed against the debtor to deny the discharge. The attorney for the bankruptcy case is NOT required to represent the debtor in the adversary lawsuit. For example, Local Bankruptcy Rule 2090-5 of the U.S. Bankruptcy Court for the Northern District of Illinois does NOT require the attorney who represented a debtor in bankruptcy case to also represent the same debtor in an adversary lawsuit.



Nevertheless, each debtor is urged to contact the attorney who represented that debtor in the underlying bankruptcy case to determine whether that attorney would also represent the debtor in defending against the adversary complaint. Each debtor is also urged to engage that same attorney for the adversary proceeding if the attorney did a good job in the underlying bankruptcy case. If not, debtors are urged to consider hiring a different attorney---like the Schaller Law Firm.
 
Warmest Regards,
 
Bob Schaller
 
Your Bankruptcy Advisor
 
Blog By: Attorney Robert Schaller (Bob's bio) of the Schaller Law Firm Click for Bankruptcy Lawyer Job Opportunities. You are invited to contact Attorney Schaller at 630-655-1233 or visit his website at Discharging Student Loans to learn about how the bankruptcy laws can help you. Bob is a member of the National Bankruptcy College Attorney Network, American Bankruptcy Institute and the National Association of Consumer Bankruptcy Attorneys. For information about Chapter 7 bankruptcy Click Here
For information about Chapter 13 bankruptcy Click Here NOTE: Robert Schaller looks forward to the opportunity to talk with you about your legal issues. But please remember that all information on this blog is for advertising and general informational purposes only. Please read Bob's disclaimer. I recommend that you review a few other blogs that may be of interest to you. These blogs are identified in the right column and are set forth below: bankruptcy issues blog; bankruptcy and family law issues blog; bankruptcy and employment issues blog; adversary defense blog; and bankruptcy and student loan issues blog.

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