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Chpt. 13 went past 60 months and I'll be punished!

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    #16
    You know what?? I'm sitting here thinking...(actually not a good sign lol)...Just maybe you need to get another attorney and sue the pants off of everyone...I am dead serious here.
    Your attorney, the trustee...everyone..

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      #17
      Originally posted by julie445 View Post
      I keep calling the attorney and get every time "We'll call tomorrow".
      As others said before, get a different attorney, have him call you current one and tell him "I will SUE you tomorrow".
      Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
      FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
      FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

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        #18
        I believe they have to go before the judge for a dismissal. And I was of the understanding that the computer system is automatic and starts the discharge process. I could be wrong. I didn't let this go for 11 months, I did contact them a few times last year. And just like this time, got the blow off. I have also been dealing with cancer treatments twice in less than a year. And the attorney's office knew that I was going through this. I was advocating for this to be done the first time I was diagnosed because I thought I would go on disability, but in the beginning of treatments I was so close to this being done I decided to work to avoid the hassle. Now, after finishing treatments again, I decided to take time off and contacted the office once again alerting them to this.

        Believe me, I have been in contact with them over the past 11 months. I was told that it takes time for a discharge and the process usually starts a few months after you pay it off. I have also started to hear things from other people that I don't have a good attorney. Wish I would've know that all those years ago.

        I just haven't had the strength physically to kick scream and holler.

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          #19
          Julie, in the morning call the state attorney general's office or bar association in the state you filed in and in your current state to file a formal complaint for misconduct in the practice of law against your lawyer and the trustee. Here's the contact info for each state - http://www.nbtanet.org/public/discipline/index.shtml

          Given the info you've provided, there does seem to be something fishy going on here. You've been far more patient than necessary to get this figured out. Time to move up the legal ladder. Keep us posted on what you find out and good luck.
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !

          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

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