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Approved plan is killing us slowly but surely...& Attorney has disappeared???

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    Approved plan is killing us slowly but surely...& Attorney has disappeared???

    Our plan was filed in 5/07. We've pd. every month on time. Our plan was approved in 9/07. The monthly pmt. of $578 isn't the problem.....My wife was a sole proprietor for 12 yrs. until becoming a NH LLC last yr. & it's sole member. I have been a W-2'd employee for 10 yrs. of her business. The business grosses $750k a yr. & provides an above median income. BUT......85% of our profit is from May to Oct. But wkly. payroll is $7K every week even in winter. Thru the winter we struggle to survive. She takes a draw as needed and I am a W-2'd employee. Our attorney left the LLC out of the plan along with our mortgage and business loan.
    We owe the IRS $13,000, State Business taxes of $10,000 and our attorney $1350. So our $140,000 of unsecured non-priority gets the rest. NO ONE showed up for 341 meeting. We've made every pmt. on time & are current on all taxes and insurance.
    1st mth. we were sent a Monthly Operating Report. I gave it to attorney and he said he'd work with accountant on it. We even met with him & the accountant who took the reports and said he'd let us know what Quickbooks reports would satisfy the report requirements. We've had to pay the accountant of his $1300 this summer for his consulting. I've called our attorney 20+ times and he rarely calls me back & when he does he says he's working on it. It's been 8 months. Nothing from court either. We had a normal busy summer but the plan was setup averaged out over 12 mths. He said we might have to amend plan to address high income in summer & low income in winter. We didn't spend any frivolous money, go out to dinner once or do anything but work. but still no money saved. All expenses are documented. We did have to pay a plumber $2000 to work on heating/plumbing system but attorney said no problem. So now we are struggling to survive until May. We have $25-$30k of receivables each month but it comes in and goes out instantly. If we convert to a chapter 7 will they liquidate our business? Our business loan states that our bank owns EVERYTHING including A/R, customer lists, vehicles, mops, names,EVERYTHING. But we only owe $27,000 And that includes 3 business vehicles. They hold the title on 2 of the vehicles but 2 are free of liens. But they are old and not worth much. Our bank has never even contacted us although they were notified of the bankruptcy. We are current on all taxes and insurance but this week, we are in trouble until some of that A/R starts coming in. Our wkly payroll is $7k. Is there any way to convert to Ch. 7 & be over this? If any of our bigger customers were to find out about a bankruptcy, they'd drop us as we have never had written contracts with any of them. This is slowly killing us. Thank you if anyone reads this whole thing. I've googled about 1000 times looking for answers until stumbling upon this forum.

    #2
    You have a very complicated situation and most definately need answers from your attorney as to what is going on. You are doing the best thing at the moment by continuing to make your payments (don't stop doing that) but you need to somehow get an answer about what is going on. Your attorney is apparently not concerned as you are about things but he still should keep you advised and answer your questions. A way to get an answer out of him is call his firm, find out the name of his paralegal and/or assistant. Contact that person, explain the situation and ask them please to get an answer from the attorney. Attorneys are extremely busy and could have hundreds of clients just themselves and many people just do not realize what goes on unless they work in a law firm and see that. However, if you continually go after their paralegal and assistant you will get through or the attorney will advise his paralegal to get back to you with answers. Also, if the attorney has to conference with the Trustee about your matters, that can also be very time consumming until he get back to you with answers as he needs to wait to hear from the Trustee.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

    Comment


      #3
      Thanks. It is complicated. I'm just afraid that after 8 months of no Monthly Operating Reports we're going to get a letter from the court dismissing our case. I went to the NDC and got our report and everything is showing up. But the only pmts. being made are to our attorney, trustee fees, IRS and State of NH Dept. of Rev. Should I let sleeping dogs lie or will I be kicking a hornets nest about those reports. I've call the office so many times and his secretary says she'll give him the message. He is a one man office and told us he does all the data and confidential work.

      Comment


        #4
        Originally posted by bigreddog View Post
        Thanks. It is complicated. I'm just afraid that after 8 months of no Monthly Operating Reports we're going to get a letter from the court dismissing our case. I went to the NDC and got our report and everything is showing up. But the only pmts. being made are to our attorney, trustee fees, IRS and State of NH Dept. of Rev. Should I let sleeping dogs lie or will I be kicking a hornets nest about those reports. I've call the office so many times and his secretary says she'll give him the message. He is a one man office and told us he does all the data and confidential work.
        Priority payments are made first from your Plan. That is what you are seeing. When those are paid in full, you will start to see funds being allocated to the other creditors. From your original posting it appears your attorney is either not that concerned about the situation and has it under control or is waiting for further information from the Trustee if he has inquiries in to the Trustee. Remember, you retained your attorney to represent you and that is what he/she is doing although when you are on the other end, like yourself or anyone one else filing BK, you always have a million questions even though the attorney has everything under control. Of course it is bothering you and I can certainly see why you would have concerns. I would continue to contact his office for an update on your situation to hopefully alleviate some of your concerns. Being a one man office, he is probably overwhelmed with clients/work and cases are handled on a priority basis. That is why it is sometimes better to go with a firm because firms usually have more than one attorney and his assistant in the office / they have paralegals who can also assist you but cannot give you legal advice, but can advise you as to the progress of your case or check with the attorney before getting back to you.
        _________________________________________
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"

        Comment


          #5
          I have to say thank you to all of you. I have felt like I got dropped off on a desert Island and have had no one to talk to. You've all answered more questions than our attorney has in the last 4 mths. But he's been awesome and seems to have a very good report? with the trustee. The monthly Operating reports are what are scaring me now. It's been 8 mths. And our lawyer has told me 1/2 a dozen times he working on it. I look at them and don't even know where to begin. We literally have 100's of transactions each month. 25 employees. 15 vendors. dozens of customers. I keep waiting for a notice from the BK Court dismissing our case due to not filing M.O.R.s All I know is 8 mths. into plan, we're current on all taxes, payroll, bills, everything. And haven't spent a dime on anything extra. It's hard. Thanks again.

          Comment


            #6
            I found that when I needed information from our attorney, if I put the question(s) in writing and copied the trustee, I would get a quick response. It also leaves a paper trail that we were trying to comply with all terms of our plan, and gave us a possible legal recourse if our attorney did not meet his obligations in a timely matter. It is amazing how a certified letter, requiring a signature of delivery, copying trustee would stimulate action from our attorney.

            Comment


              #7
              Originally posted by jgarton244 View Post
              I found that when I needed information from our attorney, if I put the question(s) in writing and copied the trustee, I would get a quick response. It also leaves a paper trail that we were trying to comply with all terms of our plan, and gave us a possible legal recourse if our attorney did not meet his obligations in a timely matter. It is amazing how a certified letter, requiring a signature of delivery, copying trustee would stimulate action from our attorney.
              You are lucky in that respect or it could be a coincidence or one of those "varying" trustee issues where you have a different trustee than others. We were advised by the Trustee's office itself if you are represented by an attorney to not contact them directly or copy them on correspondence but to contact the attorney. Same with questions via telephone. I have heard of folks doing what you did and having their correspondence returned to them not to copy the Trustee but if you tried it and you think it works who knows who it may work for!
              _________________________________________
              Filed 5 Year Chapter 13: April 2002
              Early Buy-Out: April 2006
              Discharge: August 2006

              "A credit card is a snake in your pocket"

              Comment

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