I'm so mad I could scream

[wanttobehappy57]

Talk about attorneys misleading their clients! When I went to file my chapter 13, my attorney just had my place of employment take out a certain amount from my paycheck. I thought it would be easier for me to do wage attachment, since you never really see that money anyway.

He told me then that it would be best to include these two payments in the plan (which was in September) and these were then, at that time, put into the plan.

He told me to keep paying my car and mortgage payment to the bank and up to the date of my BK hearing those two things were always current. In fact, we always paid a little extra on our mortgage payment even.

Well, the confirmation hearing was November 4th. He called me the week before to reassure me that he saw absolutely no issues with it whatsoever.

Guess what? 11/4 came and HE WAS WRONG!!!!!!! Now, because of the attorney's advice I have to pay $140 a month more to the trustee since the plan actually started in July (without these being included)! Life sucks!!!!!!

I know I'm just venting but this forum is a great place to do that. I'd like to know if I am allowed to call the trustee directly?

[NowImDownInIt]

I'm confused... Normally you get a letter in the mail from the trustee that states when your first payment is due REGARDLESS of when your wage garnishments go into effect. The first payment is due within 30 days of filing and you MUST pay with a money order/cashier's check, all that information is included in the first mailing you get from the trustee and is VERY important, as it is not covered by wage garnishment. Your attorney doesn't generally keep up with what payments you make, or don't make, until of course, he gets word of a motion to dismiss. That's all YOUR responsibility.

NIDII

[NowImDownInIt]

Oh, and in answer to your question, the trustee WILL NOT talk to you directly as long as you have an attorney.

[BROKENN]

I'd like to know if I am allowed to call the trustee directly?

I don't know about a C13 but the general rule is if you have an atty, you do not get to talk to the trustee, the atty has to.

[wanttobehappy57]

Look - you guys don't understand what I am trying to say. My car and mortgage payments was added to the plan as of September. In July I got a court paper saying $300 would be deducted from my pay. When September arrived the secured payments were added but they are making this retroactive to July which is what is blowing me away since our attorney told us to pay the bank until September. Now do you understand? I don't explain things really good - sorry.

[chloe0724]

I understand what you're saying. That seems unfair. Can the attorney modify your plan?

[CindyLou]

then it seems like the bank should refund the money if they are getting paid in retro?????????????