Lost job, tax returns and attorney troubles

[goodtimes]

Hi, I'm new to the forum and was wondering if I could get some advice on my situation?
In mid November I lost my job and at the same time my chapter 13 was confirmed. Due to the low unemployment rate here in Arizona ($240 a week max) I haven't been able to pay the trustee. My monthly expenses are far more than what unemployment covers so I have been deep in the red for since November. I meet with my attorney to discuss this early in December and he said to wait for a couple months so I could have time to find a job. He also said that the trustee doesn't have any "red flags" to see that I haven't been making payments.
Fast forward two months to the beginning of February, I try and contact my lawyer. They don't get back to me. I ended up hounding my attorney's office for the entire month of February with no reply.In the mean time I do my taxes...this is were the problem lies. I end up having to use some of my return to pay the bills, rent, food, utilities, etc.
Last week I get the notice from my trustee that says my case could be dropped by the end of the month if I don't give him the back pay.
Well my attorney finally gets back to me last week and I went to see him yesterday. Once again he tells me to get a job. I would if I could but we all know times are tough. He even had the nerve to tell me to get a job flipping burgers which would pay me even less than unemployment!? I asked if I could give the trustee my full tax return and pay for a conversion to a chapter 7 but he didn't want to do that. He wants me to let the case get dismissed and file for a chapter 7 after that. Why won't he let me give the trustee the full tax return and covert the case to a chap.7 ? More money for the attorneys office? I really don't trust this attorney. And the big question...am I going to get in trouble for not turning over the tax return as things stand now? HELP! I'm getting an ulcer just thinking about it.

[EricaCallaha]

I think that you need to talk to another lawyer ASAP. This guy sounds like an idiot. Does he really think that you have been sitting around all this time just twiddling your thumbs! What a moron.

You need to find another lawyer that would look at your file and decide if conversion would work for you. I bet it would as you have been out of a job for the last several months.

Good luck.

[knguye11]

When file for Ch.7 they get less money. That's why he keep insisting you to go with Ch.13. When file for Ch13, he could attachment his fee on to your payment plan.

So keep asking question to find out if you can file for Ch.7 instead.

[knguye11]

double post

[optimistic1]

He doesn't sound like he knows what he is talking about, and yes, a full chapter 7 fee will be substantially more than a conversion.


Contact the Arizona State Bar Association, and ask them what you should do, and at the same time, setup a free consultation with a new attorney and explain your situation.
Also, contact the trustee's office and explain the situation to them as well.

See what they all tell you.

[Flamingo]

Your attorney was correct at the beginning to advise you to see if you could retain employment so as not to dismiss your Chapter 13. Once your Plan is confirmed, you have to make those payments even if you lose your job (actually stated in our confirmed plan). So your attorney was working with you to see if you could get employment. I question the time frame here as to how long it has been since you lost your job and you are unable to obtain another one. That is where this scenario goes wrong. Since there has been a change in your circumstances and you no longer have income to fund your Plan, it either has to be dismissed and you refile a Chapter 7 or you convert to a Chapter 7. Your attorney probably knows more about your situatoin than any of us do as to why he is doing what he is doing but you need to confront him with this ammo since you do not have funds to fund your chapter 13 as confirmed and it appears you cannot find a position at this time.

[goodtimes]

Thanks for the advice everyone. I'm wondering at this point if I can file a conversion myself due to the fact I'm not getting that option from my attorney? If the case ends up getting dismissed I might as well file for a chapter 7 myself seeing as I don't have the money to pay for the attorneys fees again.
I feel like if I contact the trustee I might get a strait answer on my situation even though my attorney says I should never call them. Like I said before it took me a month to get trough to my attorney before and by that time my case could be dismissed anyway. I just don't know why I can't get a conversion at this point. Its been over 3 months since I lost my job.

[lrprn]

Goodtimes, your problem is that you are currently not employed and have no ongoing way to support your Ch 13 plan, even if your lawyer amended it. That's why your lawyer recommended to get a job - any job. He can't file an amended plan otherwise.

Since you can't find a job (not unusual in these horrible economic times) your next best option (as your lawyer advised) is to allow your 13 to be desmissed and file a Ch 7.

And to anyone that thought the lawyer here was doing something stupid or shady, he isn't. His legal advice in this situation has been correct given the circumstances Goodtimes describes.

[goodtimes]

Thanks Irprn, thats the answer I was looking for. I just thought after a time he could convert my plan. Ive never had to deal with a lawyer before so I guess I was too judgmental. I just wish he would of been a little more strait and said "I can't convert your plan as it stands now". I'm just going to keep on going ahead with what he has advised me to do. Thanks for the advice everybody. Wish me luck.