The many faces of a trustee and attourney

[bmcmull]

I am finished with my plan, I can say it was not easy and never consider a 60 month plan unless it is absolutely necessary.. THe one thing that really makes this fresh start program so difficult is that from the beggining you are never really informed about what will really happen. Example I took a HOA bill for $275.00 into my plan sounds good right; wrong I ended up paying $650.00 fee for the HOA atty's to file motions.all the while my atty told me they couldnt do that to me, I resisted and the $650.00 turned into $1200.00 before my atty told me he was wrong.... I eneded up with a payment plan to the HOA for $200.00 a month for 6 months for a $275.00 bill.... The deposits required to keep you utilities on was another issue after filling. None of these things were explained to me during the warm and cozy meeting with my atty, not to mention the 10% or in my case 10k paid to the trustee on top of the 9% interest on the plan...In all we needed to keep our home and take care of some Dr. Bills due to our twins being in the ICU for 3 weeks after birth. My atty by the way wouldnt answer my phone calls post confirmation without charging a fee..

As for trustees why do they not have the same rules to play by from place to place, I understand going from state to state as the laws may be different. But every trustee is different they all have different rules. You can never go by what one person says his/her trustee did or said because yours will act very differently.. Why should one person who lives in the same city as you, filed the same time as you under the same circumstances be afforded a different set of rules from you. I have had my say and would like to hear from others on this subject.

[justbroke]

Congratulations! Where are the hamsters???

[sharina]

WOW! with all those obstacles, you still made it - proves what character you have. Is there a Chapter 13 medal of honor? You should get it.

You are right about the processes. The whole chapter 13 is like this dark, mysterious tunnel and everything is poorly documented and the attorneys don't inform people of the pitfalls - I think alot of what happens is made up as they go, so the attorneys think they know what will happen, but then things change on the fly.

And something doesn't seem right when a person who files for 13 ends up with worse credit sometimes than someone who files a 7. I can only hope I have the fortitude that you did to get through the rest of mine and I will actually be paid up 100% in less than 5 yrs.

Again - congrats - well deserved.

[holding on]

First and foremost, Congratulations on completing your plan! That has to be such a great relief.

I wholeheartedly agree about the many faces. Its one thing to say lawyers are busy and they make mistakes, but another to really realize that these people are paid good money not to make those mistakes. Mistakes that cost their clients money. I have to pay an extra 15K into my plan because my lawyer didn't do a lein strip on a judgement because she or her assistant forgot to look at the sheet of leins I gave them, at their request. You just hope that people going into a Ch13 come to great helpful sites like this before they sign on the dotted line.

The only thing I would veer on agreeing about is not doing a 60 month plan. Unfortunately for many that's not an option we get to reject.

again though, congrats!

[klandsb]

Yes a big Congrats to you.... I agree that no one tells you about all the pitfalls .. I just dont get it. The attorney I hired is a total bankruptcy firm. That being said they should know all the in's & out's about the utilitiy deposits , is 401 k loans and or contributions allowed. Instead they him haw around the questions. At my 341 I finally had the guts to tell my attorney exactly what I thought of his services with a" I thought you were suppose to be looking out for my best interest" at the end. At first you could tell he was ticked , then we entered the 341 conference room , went over the paperwork and he brought up somethings that he had said the trustee would NEVER allow and lo and behold it was no problem... I believe had I not got that off my chest he wouldnt have even mentioned those things. SO in the end you have to stand your ground , its no money out of the attorneys pocket if your pmts are higher then they stated/quoted you at first... After u pay them a retainer fee your at there mercy.. Sad but true in alot of cases. I am sure there are great attorneys out there .You just have to have the patience and dilegence to find one and sometimes when creditors are breathing down your back its not an option.