Need Advice

[BuckeyeGuy13]

Hey folks. I've been lurking on here for several months and don't post that often. I have tried to find the answer to my question in a stickey or other thread, but no luck.

Here's my situation to better understand my question. I filed Ch. 13 on 3/24 (married, filed single). I'm letting my house go, have approx. $135K in unsecured debt and, at the time, was planning to keep both leased vehicles. The filed plan called for a $1700 payment (vehicles included). However, after reading post after post about surrendering cars with negative equity, I decided to let my car go and find a replacement. Since I had already filed, my wife actually bought the car in her name. I called the attorney before it happened to make sure it was OK and she said, "just let me know what the payment is and I'll amend the filing, have you sign, and send it in."

OK. So, I did just that and I sent her all the information she needed on 4/8. I didn't hear anything from her so I followed up on 4/15 and she finally sent a revised I & J to me. I replied asking what I needed to sign and received zero response. I followed up again on 4/17, 4/20 and 4/21. I finally received a response yesterday and they can get me in on 4/27 to sign an amended filing. When I asked about the payment to be made to the trustee, she said my plan was filed at $1700 and that's what I should pay. I said, well, I thought we were changing that to be $1200 because of the lease being removed. Her answer, "do what you want."

Well, here I am stuck on what to do. I know I need to pay what the filed plan is, but honestly, when the attorney advised that we could get the car and she would change the filed plan, we used the $500 we budgeted for the payment as our first month's payment on the replacement car... It's not like we have $500 sitting around all over the place, especially since we are moving next week and we have those start up costs, plus the plan payment, etc.

I guess this post is two-fold. A little bit of a vent, but mostly a question on the process to fire an attorney after a Ch 13 has been filed but not confirmed.

Any thoughts would be appreciated... And I'm sure I've left out critical information, so please point it out and I'll provide it.

[lrprn]

Just because you didn't get the answer you wanted from the lawyer may not be sufficient grounds for firing her. Did she tell you that the amended plan would propose a reduced payment $500/month? Or did you assume that?

[BuckeyeGuy13]

Thanks for replying. I agree completely that me not liking an answer isn't sufficient grounds for firing her. To answer your question, yes, she told me the plan would be changed and the amount would be reduced. I have this in an email exchange. My issue is the timeliness, or lack of, is resulting in a hardship for me now - especially considering that I made a decision based on her advice.

Plus, just to spice it up a little, she has become very cold and condescending since I filed. Not very helpful or responsive (obviously).

[Flamingo]

You should not have made any assumptions as to that $500. Your first payment of $1700 is due on 4/24 and that is the payment that is to be made until any changes are made and your plan payment confirmed. Your attorney advised you correctly but I think you are being a bit presumptuous thinking you can file a plan on 3/24 and get it changed quickly since you changed your mind and thought things would take place immediately. Your plan as to the $1700 was filed on 3/24; first payment of that amount due in 30 days. I am not certain if a reduced amount sent in with a letter of explanation would suffice in this situation until your 341 but check with your attorney. Depending on when your 341 is scheduled, you may have to make another plan payment.

[AngelinaCatHub]

Your lawyer sure is rude, but many are unfortunately. However, Flamingo is right, you assumed too much too soon. The Trustee may just pay out more to all creditors sooner. You could finish sooner that way, but I know you needed a reduction. Save those emails, write a registered letter to your lawyer, asking her to help you soon, it may cost you some additional fees. Send her copies of your emails. This could be used against her if you suffer damage with bad advice. I wish you well. 'Hub

[BuckeyeGuy13]

Thanks. Perhaps I wasn't clear. I made zero assumptions and I was not being presumptuous at all. Everything that I did was done after consulting with the attorney and asking IF it could be done and, if so, what my payment would be.

I don't think asking the attorney for advice, getting an answer as to what I can do and what will be done to my plan, and then following through on that is presumptuous. I feel as though I did everything I could have done to avoid this.

Had the attorney advised me that the plan would not have changed by 4/24 or until the 341 or that surrendering and replacing the car should be done at a later time, I would have done that. I am a professional and honest person that wants to do things by the book and I would not and have not done anything without my attorney advising me of the outcome.

My question here is not what I should have done because I did what the attorney advised me to do and made a financial decision based on this advice. Due to their lack of a timely response, I now find myself in this situation. I know what my plan payment is. I know what is expected of me. But, put yourself in my shoes and ask yourself how you would feel if you did what the attorney advised you to do, thinking all along that the attorney was doing what they said they would do, only to find out that they had not. Perhaps that is where I was presumptuous - assuming that someone would actually do what they said they were doing.

PS - After posting, I read 'Hub's post and wanted to say thanks and acknowledge it. I've read all of your posts and you seem like a great guy. Thanks for your thoughts.

[justbroke]

I'll have to just concur with Flaming and 'Hub. Your payment is the payment as per your submitted Plan. Until your attorney submit an amended Plan, you must stick to the payments as per the current Plan on the docket. That's just the way it is. While you may not run into trouble by changing the payment, and then submitting the amended Plan, you could run into some Trustee grief.

I don't think it would be all that bad, since your lawyer should be submitting not only a new I&J, but also a new Plan! I heard no mention of a new Plan being submitted.

[BuckeyeGuy13]

Just to follow up. Met the attorney today and, to my surprise, she was very apologetic. She said that she's been swamped lately, which I do not doubt. We both said our peace and moved on.

I ended up paying $1700 to the trustee last week as the plan indicated. It will be a tight week and a half, but we'll get through. The attorney and I prepared an amended plan and I&J and that will be filed today. She said that it is retroactive, so the next payment will be slightly less.

At any rate, just wanted to follow up and thank everyone for their thoughts.