15 months into my Chapter 13 plan with a Motion to Dismiss from the Trustee.
I found out thru Pacer that my attorney had filed 4 pre-confirmation modifications and 5 post-confirmation modifications without our knowledge. Everything from the initial CMI report to all our schedules were changed. Our plan jumped from 1189.00 to 1387.00 to 1483.00 and was changing to 1660.00 when I absolutely reached wits end and a nervous breakdown! His last modification was to go 100% unsecured when we confimed at 60%. Our unsecured pool of funds showed 67,000 when in fact our unsecured creditors was only 35,000. The entire case was a complete mess. We fired our attorney and now are ProSe. The Judge has told the Trustee that our attorney has 14 days to refund our $3800 or we will have to issue a Motion for it and he will sign off on it. Be careful if and watch your plans closely. We have gotten the Trustee to pull her Motion to Dismiss and have agreed to a payment plan to finish out in a total of 57 months. We will be paying unsecured approx. 75% now. It's not what we were told but at least our plan was not dismissed. The Trustee just called and is issuing the order to correct. The Judge signed off on our attorneys termination today and struck thru the part in which our attorney asked to have his name striken from record. This web site has been very helpful with a lot of good information on it. Here is hoping we can get thru our plan on 1387.00 payments for 42 more months. If the attorney refunds the fees it will knock off another 2 more months!
I found out thru Pacer that my attorney had filed 4 pre-confirmation modifications and 5 post-confirmation modifications without our knowledge. Everything from the initial CMI report to all our schedules were changed. Our plan jumped from 1189.00 to 1387.00 to 1483.00 and was changing to 1660.00 when I absolutely reached wits end and a nervous breakdown! His last modification was to go 100% unsecured when we confimed at 60%. Our unsecured pool of funds showed 67,000 when in fact our unsecured creditors was only 35,000. The entire case was a complete mess. We fired our attorney and now are ProSe. The Judge has told the Trustee that our attorney has 14 days to refund our $3800 or we will have to issue a Motion for it and he will sign off on it. Be careful if and watch your plans closely. We have gotten the Trustee to pull her Motion to Dismiss and have agreed to a payment plan to finish out in a total of 57 months. We will be paying unsecured approx. 75% now. It's not what we were told but at least our plan was not dismissed. The Trustee just called and is issuing the order to correct. The Judge signed off on our attorneys termination today and struck thru the part in which our attorney asked to have his name striken from record. This web site has been very helpful with a lot of good information on it. Here is hoping we can get thru our plan on 1387.00 payments for 42 more months. If the attorney refunds the fees it will knock off another 2 more months!
Bankruptcy Wizard
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