Voluntary Dismissal of chp 13

[earningslost]

What is PACER?

[justbroke]

If we did not hear of PACER we would of never known this. We were not being copied on the Admendments.
Good luck to you as well. I'll post a update later this week.

I'm surprised your lawyer didn't get spanked (and Sanctioned).

Plans have to be signed by the Debtor(s) under penalty of perjury (unsworn is acceptable, but still under penalty of perjury).

[justbroke]

What is PACER?

A public access system to the court's electronic records. It works with all the United States District Courts which includes the Bankruptcy Court. It allows you to view the full court docket and notes and just about everything that's open under the FOIA. items under seal, are not viewable.

[liz417]

Dear Earningslost, I read your post and couldn't believe how similar of a sitituation I have found myself in. We filed Chapter 13 because of credit card companies as well. When we filed we were not late on anything but felt that the late fees and high interest rates were spiraling out of control. We filed in 7/07, and have made 15 payments into the plan so far, totaling over 20 grand. Our attorney took $299 in filing fees and $3800 of our money. Our payments were 1189.00 a month, but then jumped to 1387.00 and then to 1483.00 and when we received notice that they were again jumping to $1660 I about had lost it. Now I find myself behind on our mortgage, late on child support, and barely able to get by. Two months after confirmation we find out that there was a Motion to Dismiss filed by the Trustee. Our attorney was telling us all along that the Trustee was raising our payments. I stumbled on this web site by trying to find someone with a similar story. That is when I discovered PACER. I have spent countless hours reviewing our case file and found out that our attorney filed 4 pre-confirmation admendments and 6 post-confirmation admendmenets without our signatures or knowledge. This was happening when I was writing to him asking for a modification reduction due to increases in fuel, groceries and medical expenses. I got permission to talk directly to the Trustee and was advised to call the Bar Association. They were of no help. I went to the attorney and told him I no longer needed his service and he agreed to give me half of our fees to another attorney that would take the case. I then went to 15 or so attorneys and no one would even touch it. One was nice enough to review my case but told me since he did not officially terminate himself that she couldn't help. She basically told me that there were numerous errors made that were not caught prior to the confirmation hearing. When I discovered PACER I found out that he had changed all of my schedules reducing my expenses to come in line with the new amounts they were asking for. My disposible income on my contract showed around $380 but it confirmed at $1387! Needless to say this is why we are so broke now. We have taken matters into our own hands and filed a Motion for Hardship Discharge on the grounds that there is no way we can afford the case as it is written, as well as all of the issues we are having with our attorney and not being able to hire another. Our hearing is set for 10/1 with the hearing for the Motion to Dismiss. This should be interesting. I have told my husband that we cannot make any more of a mess of our case than he has. Watch your case files closely on line. If we did not hear of PACER we would of never known this. We were not being copied on the Admendments.
Good luck to you as well. I'll post a update later this week.

Hi Broke and welcome to this forum! I'm so sorry your chapter 13 is a complete mess right now. How come the Bar Association couldn't do anything? I just wanted to wish you luck on the 1st....please keep us updated (on a new thread of course!).

Good Luck!

[earningslost]

A public access system to the court's electronic records. It works with all the United States District Courts which includes the Bankruptcy Court. It allows you to view the full court docket and notes and just about everything that's open under the FOIA. items under seal, are not viewable.

thanks

[MajorMike]

I dont understand how they can raise your payments. What would cause that???

[MajorMike]

??

[lrprn]

??

MM, this thread has been dead for six weeks. You know the forum rules - please don't reactivate a thread like this, especially with just a couple of question marks in your post with nothing to indicate what you are questioning.

If you have something to say, then your really good reason to reactive a dead thread like this had better be included in your post. Thanks.