Very BAD Attorney

[SngleMomSyndrme]

I made the mistake of calling my attorney out on wrapping extra funds for themself into my plan.
I was behind in my payments and they had sent a letter to the trustee asking/telling him to work with me. This was before I noticed all the additional money wrapped in...I thought everything was handled.
I received an email stating my case was dismissed today. Sorry.
It's clear what they were trying to pull off.
Someone please tell me what I need to do...I'm scared.

[SngleMomSyndrme]

I made the mistake of calling my attorney out on wrapping extra funds for themself into my plan.
I was behind in my payments and they had sent a letter to the trustee asking/telling him to work with me. This was before I noticed all the additional money wrapped in...I thought everything was handled.
I received an email stating my case was dismissed today. Sorry.
It's clear what they were trying to pull off.
Someone please tell me what I need to do...I'm scared.

I was laid off work...which is why I got behind. I have a job now, thankfully. I can't believe what they just pulled on me. I am so upset and disappointed.

[car67]

What were they trying to pull off?

[SngleMomSyndrme]

I was laid off work...which is why I got behind. I have a job now, thankfully. I can't believe what they just pulled on me. I am so upset and disappointed.

Last question...I am sorry and thank anyone who takes the time to answer me:

Can I not ask for relief in getting caught up? I can catch myself up, but all the attorney is saying is "You have 10 days to pay 6,000 in arrears or too bad. Sorry."

Can I get another attorney to handle this case?

[SngleMomSyndrme]

What were they trying to pull off?

The additional funds in the plan for them. I had to pay a majority of their fee up front.
They wrapped in double the amount...

[car67]

Oh you seen attorney fees in the plan and got upset?

Why be upset? If the attorney doesnt get the money even it
its more then you thought or assumed in the plan then the same
money would go to another creditor waiting in line......

I for one would never complain to the attorney fighting for me
and getting payments in the plan to be on my side?

[SngleMomSyndrme]

Oh you seen attorney fees in the plan and got upset?

Why be upset? If the attorney doesnt get the money even it
its more then you thought or assumed in the plan then the same
money would go to another creditor waiting in line......

I for one would never complain to the attorney fighting for me
and getting payments in the plan to be on my side?

LOL

The attorney wrapped in 7,000
Their fee was 3,000.

Sorry if that wasnt clear before.

[SngleMomSyndrme]

Oh you seen attorney fees in the plan and got upset?

Why be upset? If the attorney doesnt get the money even it
its more then you thought or assumed in the plan then the same
money would go to another creditor waiting in line......

I for one would never complain to the attorney fighting for me
and getting payments in the plan to be on my side?

I didnt see this last part of your response and Wow!!! You'd be ok paying more than your agreed attorney's fee's?

I noticed all the extra money was wrapped into the plan after my confirmation hearing. Keep in mind I paid half of my 3,000 payment in cash to the attorney when I filed.

[car67]

Yes sounded like your case might have been complex
When mine first started the fee was $2400 now
with all the issues and filings and counsels my legal bill
is $7000 but the thing you got to think about it isnt the $7000
going to the lawyer the same $7000 would have gone into the
plan over time to pay unsecured debt...

Attornies and IRS are priority debt they get paid before everyone else
Who cares if anyone gets paid past them. If the attorney rides the meat wagon for 22,000 dollars and creditors get nothing and you get white glove for the whole
5 years what does it really matter? Same result case completes and attorney is paid
you get fresh start

[HHM]

This is tough because you are not going to want to hear this...

If you miss payments, you miss payments. There really is no way to get "caught-up" per se. However, I believe your attorney is not being as helpful as he should be.

What should have happened is this...
The day you got laid off you should have called your attorney (made an appointment, whatever). The attorney should have requested a temporary payment forebearance, usually lasting 3 months. Once you got your job, then the plan could either be amended to reflect a change in income, or simply reinstated.

As was pointed out, the fee issues is irrelevant. If the attorney didn't get the fee, it would have gone to creditors. In order to get extra fees, the attorney needs to file a fee request with the court, the court ultimately approves the fees. In most cases, the additional fees will have no effect your chapter 13 plan payment.

[SngleMomSyndrme]

This is tough because you are not going to want to hear this...

If you miss payments, you miss payments. There really is no way to get "caught-up" per se. However, I believe your attorney is not being as helpful as he should be.

What should have happened is this...
The day you got laid off you should have called your attorney (made an appointment, whatever). The attorney should have requested a temporary payment forebearance, usually lasting 3 months. Once you got your job, then the plan could either be amended to reflect a change in income, or simply reinstated.

As was pointed out, the fee issues is irrelevant. If the attorney didn't get the fee, it would have gone to creditors. In order to get extra fees, the attorney needs to file a fee request with the court, the court ultimately approves the fees. In most cases, the additional fees will have no effect your chapter 13 plan payment.

Thank you for your wonderful response, honesty is what I crave and need now and I cant seem to get any from my attorneys.

You just confirmed what my worst worries were. My attorney wasnt helpful, and now I am in this predicament. What are my choices given the circumstances? I dont have 6,000 to get the attorneys idea of helpful in motion... I do have viable employment and a good salary now. Surely, please lord please, I have to have an option...

[car67]

Is the case dismissed?
For non payment?

You can refile and start over which sucks
Or you can sell rob beg steal or pander the $6000
to get caught up!

[SngleMomSyndrme]

Is the case dismissed?
For non payment?

You can refile and start over which sucks
Or you can sell rob beg steal or pander the $6000
to get caught up!

The attorney told me today unless I can find 6000 to get the plan caught up, it's dismissed in 10 days. if I knew someone with 6,000 i would not have had to file bk.

I can overcomplicate it and add that they scheduled a hearing to ask if I could forego my tax refunds over the life of the plan(and because I am a single parent I usually have nice refunds that would more than catch me up) but apparently now this hearing disappeared they set up and I am up for dismissal unless paid in full!

[SngleMomSyndrme]

Is the case dismissed?
For non payment?

You can refile and start over which sucks
Or you can sell rob beg steal or pander the $6000
to get caught up!

Can i refile soon? I only filed on my house and my car( i dont have any other debt) so my kids and i wouldnt be homeless...

[SngleMomSyndrme]

I guess I'm homeless...Oh my god i dont know what i am going to do...