Lawyer taking too long

[ando]

I had paid my lawyer in full including filing fees , supplied him with all the paper work he asked for ,and took the credit counseling course for additional $50 since January, it is passed almost 6 months now and he still hasn't filed yet . everytime I call him he says he will file soon and that's all I hear from him.Now I am broke and can't afford another lawyer . What should I do?

And by the way ,he insists on chapter 13 even after he knows my disposable income shows negative.and impossible to make high monthly payments.

[StartingOver08]

If the information you provided to him is 6 months old, he does not have the right information with which to file! He has to have the most recent 6 mths.

I would first contact him for a refund - he did not file you timely. Sounds like you need another attorney. It also sounds like you need to report him to the bar. JMO

[ando]

recently he got in touch to ask me to update paper work, he has the updated info, but when i asked him what is taking him long , he said he is trying to lower my payments , does that make sense!!! and by the way he knows my disposable income is zero , why can't we convert to chapter 7?

[tinfoilhat]

Wow, sounds familiar, are you in florida? We must have the same attorney.
So he's pushing you into a chapter 13 even though you don't have money to make the payments?

[lrprn]

We're missing an important piece of information here - WHY the lawyer is recommending Ch 13 and why he/she is delaying the filing.

Ando, did you transfer an asset to an insider, shift a large amount of money between two credit cards, or something similar to that in the last year? Did you file Ch 7 within the last eight years?

[ando]

no none of that

[ando]

besides, he would've told me so wouldn't he?

[HHM]

Has your income actually gone down in the last 6 months?

[ando]

no , I am a worker on fixed income

[ando]

where can I find a reliable lawyer who can take my case and file right away? or should I do that is the question?

will a chapter 7 be better for me? since I live on a fixed income and no significant assets except a small equity on my house.

[Flamingo]

Why don't you ask your attorney to explain to you why you need to file a Chapter 13 and then provide that information to us along with some additional details as to income, assets, etc. It's hard to guess why without any financial or asset information and why the attorney would wait for six months to file...sounds like you may have had to wait that period of time for additional income in the prevoius six month period not to be counted.

[ando]

now in chapter 13, if your payments are for 5 years, can you decide to pay them in 2 or 3 or 4 years if you financially prospered , and can you do it on your own or you need permission from the trustee to pay it off early?

[HHM]

now in chapter 13, if your payments are for 5 years, can you decide to pay them in 2 or 3 or 4 years if you financially prospered , and can you do it on your own or you need permission from the trustee to pay it off early?

No. Your duty under the BK code is to devote ALL your disposible income. If your income goes up, that means you end up paying more back. The total of payments in a chapter 13 is not a fixed amount. (e.g. if your plan calls for $200 per month, your total of play payments is $12,000; that amount is NOT FIXED). Granted, it is RARE RARE RARE for a plan payment to increase, the trustees do not oversee the plans that closesly. At most, they will look at your tax returns each year of the plan and if they see a significant increase income, they could request a plan amendment.

The only way out of a chapter 13 plan "early" is to pay back ALL CLAIMS that are in the plan.

For example, let's say you have $50,000 of total claims in your chapter 13 plan and your payment is $200 per month. Thus, you are paying back $12,000 (minus trustee etc, but let's keep example sample). The only way to get out early is to pay the $50,000.

[ando]

great analysis thanks

[liz417]

Six months is crazy! I would demand answers from your attorney NOW! Actually, I wouldn't even want answers...I would want my $$$ back or report him to the Bar! Get your $$ back, set up at least 3-4 consults with local BK attorneys (with experience) and move on, get filed...

Good Luck!