help my bankruptcy is turning into 6 years

[anxious]

hi, I have been reading these posts for a long time but this is the first time I have posted. I desperately need some advice and hope someone can help. I filed 13 in october 2004 and was confirmed mar. 2005 into a five year plan. My attorney said I should be done in March. But recently I checked my status and it is showing that I will not be done until Nov. 2010 with a total of 78 payments. I have made 62 payments thus far and have not been late. When speaking to my attorney she said that she would look into the payoff and see what is going on, She got my payoff which is over a year more than it should be but she has not contacted me. I thought the law stated that a bankruptcy could not last longer that 60 months and the confirmation was binding. I have 4 creditors which are unsecured with no secured creditiors. Our only income is social security and It is getting harder on us. We were so looking forward to the completion of our plan so I hope some one can give me some advice. Greatly appreciated. Thanks

[Flamingo]

If you filed in 10/04 your first payment was due 30 days from your filing date which would be one month later in 11/04. Your five year term was up last month. When your plan was confirmed, you should have received a copy of your Plan. Pull it out and read it. Were there any modifications or anything done during your plan that would have changed anything? If not, keep calling your attorney until you get an answer. There are some districts that use the confirmation date as the starting date for counting payments as several other posters have indicated in various other postings but that still would not give you an ending date of November 2010. Something is not right and you deserve an answer after all this time. Please keep us informed.

[justbroke]

Something is definitely not right. Technically, the maximum term to be in a Chapter 13 is 60 months. While some Districts measure this from when your plan is confirmed, I still see something odd about your November 2010 completion date.

Please continue to work with your attorney.

[anxious]

thank you Flamingo for your reply. My confirmation plan is 60 months beginning at confirmation. I went over all my 6 month reports and I see what the trustee has done. My attorney charged me for looking over the reports and the trustee paid her through my plan but he extended my payments over the 60 payments because of the attorney fees. I did not think that was possible. She charges for phone calls so I have been e-mailing her. I wanted to dismiss her but my trustee said that I cannot, the judge has to okay it. I am so stressed about this, thanks for your help.

[Flamingo]

So your plan was modified at some point over its term to include additional attorney's fees and extended? Usually when one files a Chapter 13 plan, the fee at the outset includes your attorney's representation of your matter during the course of the Plan (i.e., 5 years) and that would include your attorney's review of each six month report which are sent out by the Trustee. Either you are not fully explaining something that went on as to a modification or your attorney is over charging you but I still sense something is not right and without further information as to your Plan or agreements with your attorney, I don't think anyone can give you a full answer.

[anxious]

I was told by my attorney that if i incurred any additional fees that it would be included in my plan. So every time she looked over my reports, I was charged for it and she would be paid from the plan but the trustee has extended my bankruptcy also. so it looks like my attorney is the only one that is holding up the bankruptcy. If she continues to add fees to may bankruptcy, It will keep adding on months so when will it end? I thought your attorney was to help you complete your bankruptcy, not keep it going. I have been faithful making my payments and my debts have received more than they would have in a chapter 7 so I do not know why my plan has to be extended. I have no money to get another attorney so I guess I have to make the extra payments.I was just looking forward to completing my bankruptcy in March. I can not trust my attorney and I am worried she will continue to add fees and extend it further. Thank you again for your help.

[PacificBlue]

These are some of the issues that scare the &^$#* out of us! Our lawyer quoted us a figure that would cover start to finish. (but he didn't say IF we have to make a change in our plan along the way, it was added $$$). But, thanks for this heads up!

[justbroke]

Let me make sure this is clear.

The overwhelming majority of attorneys (especially in my District!), include an annual "monitoring" fee for plan years 1-5. Attorney's can't just add things to the Plan without an application for fees, so I don't understand how the attorney "easily" modified the plan payments and duration.

[walkthaplank]

In our district anyway, I don't know about any others, the maximum fees for a CH13 are set by the court and cannot be exceeded unless there are unusual circumstances and the court grants them. Also at our 341 hearings there were a number of attorneys that were spanked by the trustee's counsel because they included "limited scope of service" wording in their filing. She would strike that wording and admonish the lawyers saying "this is a 13 not a 7". A CH13 your attorney must represent you for the duration of the plan. I would expect that monitoring your plan is not unusual circumstances requiring additional fees.

Something doesn't smell right. You might want to check with the state bar and ask if this is acceptable. At this point your lawyer is being detrimental to your case by adding fees (and additional time) to your case.

Good luck!

[anxious]

thank you wallkaplank I will contact the state bar. I feel my attorney is not working in my best interest also.

[anxious]

i received an e-mail from my attorney which said that from time to time a case has to go past 60 months to cover claims such as yours to cover my claim for atty fees. I do not show that your plan will have to extend for any other creditors. My attorney was paid in the plan so I can not see why my plan has been extended. I thought your attorney was supposed to help you complete your bankruptcy, not keep it going. I am afraid that she will continue to bill me for asking her questions regarding this so should I still keep in contact with her or just continue making the payments.thank you

[Mi Bankruptcy]

i received an e-mail from my attorney which said that from time to time a case has to go past 60 months to cover claims such as yours to cover my claim for atty fees. I do not show that your plan will have to extend for any other creditors. My attorney was paid in the plan so I can not see why my plan has been extended. I thought your attorney was supposed to help you complete your bankruptcy, not keep it going. I am afraid that she will continue to bill me for asking her questions regarding this so should I still keep in contact with her or just continue making the payments.thank you

I would write an email to your attorney to explain your frustration. I would then the attorney know unless the can provide you with a satisfactory and detailed account of why you are going past 60 months you will be contacting the bar. That might help get you the detailed answer you deserve.

[NoTomatoCan]

How much is your monthly payment? I only ask becasue tacking on 18 additional payment for just attorney fees definitely seems fishy. I mean, maybe I could possibly see some additional costs if your attorney legitimately performed work beyond the scope of your original agreement, but 18 additional payments seems excessive.

[Flamingo]

i received an e-mail from my attorney which said that from time to time a case has to go past 60 months to cover claims such as yours to cover my claim for atty fees. I do not show that your plan will have to extend for any other creditors. My attorney was paid in the plan so I can not see why my plan has been extended. I thought your attorney was supposed to help you complete your bankruptcy, not keep it going. I am afraid that she will continue to bill me for asking her questions regarding this so should I still keep in contact with her or just continue making the payments.thank you

Did you sign any additional agreements or paperwork as to this or is there specific wording in your Chapter 13 Plan that this can take place? What is in the retention letter that you signed when you retained your attorney? Hopefully you have a copy of that on hand. I would review those documents and if there is nothing mentioned as to fees made "time to time" by your attorney in your case, I would take copies of those documents and be knocking on the door of your State Bar Association the next business morning.

[aa06a47]

You need to raise a lot of heck about this. If the trustee added attorney fees into the plan not originally planned, your payment should have either went up or the % to unsecured should have went down. Either way, I don't think the min/max time range in the bk code is up for intrepretation.