Dismissing chapter 13 petition

[RustyPeanut]

I can't believe the things I have read tonight. We filed a petition for chapter 13 on 3/8/09. We had our 341 meeting earlier this month & the clerk did not agree with the payment plan our attorney gave them. They want more money & we cannot afford to pay the amount they want.

I just cannot wrap my brain around the fact that we cannot afford to file bankruptcy. So many of the things I read tonight are exactly what we are going through.

I have asked our attorney to dismiss the petition but he seems to be avoiding me. I went to another attorney sat for a consultation & they cannot just take over the case but did show me the reasons why we cannot afford the payment. To make a long story short our attorney has so many things listed wrong that I cannot believe it myself. I started the bankruptcy because of credit card late fees & interest mainly with Am Exp. I spoke to 2 different attorneys & neither gave me any options to deal with Am Exp, they just talked to me about bankruptcy.

We have not made any credit card payments since Sept so now we have so much debt from interest charges that I don't know if we have any other choice than bankruptcy. We are still dismissing our case for now. My husband has a chance for some overtime, not sure what will happen after that. I do know that I will not have the same attorney no matter what I decide.

I hope that if anyone reading this is considering bankruptcy because of a credi card company coming after you that you will speak to an attorney, actually talk to numerous attorneys. I now know that most will give you a free 30 min consultation & that you do have options other than bankruptcy if you don't let things spiral out of control. I thought bankruptcy was to help get out of debt but if we follow through with the payment plan they want to set us up with for 5 years we will never make it.

Reading this forum has given me more advise than either of the first 2 attorneys I spoke with. The attorney I talked to sat explained things & she also cld me today after looking over the original complaint from Am Exp to tell me that I have time to work with them if I dismiss the bankruptcy & I haven't given her a penny yet.

Our next 341 meeting is scheduled for May 20th so if my attorney does not dismiss the petition I will be at that meeting asking for a dismissal myself. Wish me luck!

[BankruptinNC]

Sorry to hear that things are not working out as you planned thus far. However, is credit card debt the only reason you are filing bankruptcy, or are you trying to protect other assets (i.e. house, car, other secured property, etc.)? Since you have talked to other attorneys, maybe you should have a sit-down with the attorney you hired and discuss your concerns with him, both over the proposed payment and the incorrect information in your bankruptcy petition. Remember, repayment plans can be negotiated. What is it that the trustee does not agree with in your plan? Are there expenses that you listed that need to be justified with proof/receipts? I hope everything works out for you, and again, sorry you are having such a bad experience. Keep us posted, and good luck!!!

[RustyPeanut]

not all attorneys know what they are doing

The attorney that filed our bankruptcy petition doesn't seem to know what he is doing. I kept telling him we cannot afford the payment plan but I couldn't figure out what the problem was. When I went to the last attorney to show them the petition they explained to me that my attorney has amounts & figures wrong. One example is that he has it in our budget that we save $300 every month towards vacationing, which we do not. I wish I could afford to save $300 every month just to go on vacation. I wasn't sure I wanted to do a bankruptcy but he made it sound like it was the only way to keep Am Exp from coming after my assets, house car etc. This attorney explained other options I had & that I definately did not need to rush into bankruptcy just because Am Exp served me with papers. Unfortunately now that I haven't made any credit card payments since Sept 08 I will probably have to file bankruptcy. This new attorney cannot represent me now because I already paid one attorney. I do not trust the attorney I now have so I have asked him 3 times to dismiss the petition but he has not done it yet. I may have to go to the next 341 hearing this month just to tell them myself that I do not want this bankruptcy. I am looking into other options but I will probalby end up filing again with a new attorney. I will have to wait 180 days but that will give me time to look into debt settlement & other things although the attorney doesn't think I can do it since so much interest has accumulated & I dont' have a large sum of cash anywhere. I don't know why the attorney will not dismiss the petition as I ask but my guess is he wants more of my money. The longer he waits the mader I get. At our first 341 hearing the clerk we were in the room with was not very happy with him for some reason. Now I realize it was because he made such a mess of the paperwork. I could keep going for quite some time on all the red flags that went up but I just kept telling myself he knew what he was doing. I guess I should have went for another opinion much sooner. I can't change my mistake but I sure hope I can keep someone else from making the same one. If anyone reading this is in doubt do not let anyone pressure you into something you are not sure of. Get a second opinion & a third & a fourth if necessary. NOT ALL ATTORNEYS KNOW WHAT THEY ARE DOING.
Rusty

[biotechsolution]

you do not have to wait 180 days to refile after dismissing a chapter 13.

You will have to file a motion with the court to extend the automatic stay for more than 30 days but this is more about dealing with creditor that may file a 'relief of stay'. It would more to deal with secured creditors who may be hurt by repeated bankruptcy filings, not credit card issuers.

[RustyPeanut]

automatic stay

I don't know anything about an automatic stay. I received an email from the trustee website saying that if I dismissed the bankruptcy I would need to wait 180 days to file again. I made my 4th attempt to contact my attorney this morning by email to ask if he dismissed the petition yet. Before he actually filed the papers he got back to me the same day with any email questions, etc. but now he just seems to keep ignoring me. I told him in the email that if I did not hear from him today I would try to contact someone myself tomorrow morning hoping that would get him moving. I don't know if I can actually contact anyone myself but if my attorney is not going to do what I ask I don't see any other options. I am going to try to find some reading on the automatic stay because I have no idea what that is or what it means. Thanks for any help. I need it.
Rusty:

[amjo30]

I don't know anything about an automatic stay. I received an email from the trustee website saying that if I dismissed the bankruptcy I would need to wait 180 days to file again. I made my 4th attempt to contact my attorney this morning by email to ask if he dismissed the petition yet. Before he actually filed the papers he got back to me the same day with any email questions, etc. but now he just seems to keep ignoring me. I told him in the email that if I did not hear from him today I would try to contact someone myself tomorrow morning hoping that would get him moving. I don't know if I can actually contact anyone myself but if my attorney is not going to do what I ask I don't see any other options. I am going to try to find some reading on the automatic stay because I have no idea what that is or what it means. Thanks for any help. I need it.
Rusty:

You may just need to amend your schedules. My advice would be to first do alot of research and read a few bankruptcy books. IF you truly can't afford the payments then the numbers on your schedule must be wrong or there is something you are leaving out that is causing you to show more income remaining. Remember, you can't hide assets. The court always finds out. If you have paid this attorney then I would not dismiss but try to work with him. keep up posted. Also, many people on this forum can help you or atleast guide you to finding the information you need.