Expenses

[Rockie]

I was just wondering if anybody could answer this question. We have asked our attorney in regards to ammending our payments due to increased expenses over the last year...Daycare, mortgage payments, car insurance all have increased alot....our mortgage increased 150 alone. Our attorney told us we could not ammend our payments only if something drastic happens like one of lost a job. Wondering if this is the normal. We are 2 yrs in on our 5 yr plan. Thanks for any help.

[lrprn]

Our attorney told us we could not ammend our payments only if something drastic happens like one of lost a job. Wondering if this is the normal. We are 2 yrs in on our 5 yr plan. Thanks for any help.

The only constant is that when a plan is amended, it should be for changes that are long-lasting, not temporary. There's nothing in the law that states only "drastic" events allow a 13 plan to be amended.

You need to go back to your lawyer and lay out all the changes. Ask him/her to find the money in your monthly budget to maintain the current payment when the money is just not there. Ask him/her to answer whether having your plan dismissed is preferable to having your plan amended so you can successfully complete it.

It sounds like your lawyer may be apprehensive about taking on the local court Ch 13 trustee to amend your plan. Another option is that he/she knows something that makes amending less attractive in your specific situation. You need to find out which it is, and pursue the answer until you feel ok about the situation.

[optimistic1]

Sounds like they got their money from you, and now they want to be lazy. If they dont help after doing what you have been told by the last poster, then opt for firing them, I believe you need permission from the court to do that.

[woeisme]

The CH 13 lawyer wants to follow the path of least resistance, which means them doing nothing. You need to push them to file a motion to modify plan. It took me a while to get my lawyer to do that too, but after she did, my payments went from $1100 to $400 due to changes in our income, so fight with them! If you make enough of a pest of yourself, then they will see that the easier path is to just fill out the form. If you give up and don't push them, then the easiest route is for them to do nothing for you. Good luck!

[Rockie]

for all the responses thank you very much. Well our lawyers do not want to move forward they feel it would only decrease our payments a little...by how much who knows they wouldn't listen to all our changes. we realize that they have our money and they don't want to do anything. I guess now we are deciding whether or not to fire them. my only concern is if we look for another lawyer i am not going to beable to afford to pay the new one. so i am not sure really what to do now.

[forgotten]

What about writing up a motion and faxing it to the attorneys office asking if they will help you or if you should file this with the court so you can get someone else to help you. Something like:

Motion to Compel <attorney> to disgorge attorney's fees

Now comes the debtor, <me>, and moves this honorable court to compel <attorney> to disgorge attorney's fees, and in support therof states as follows:

1. The debtors sought Chapter 13 relief on <date> and the Chapter 13 plan was confirmed on <date>.

2. The debtors paid counsil $<amount> to represent them throughout the durration of the Chapter 13 case.

3. The debtors have experience a change which requires a motion to be filed with the court in this case, however, <attorney> has refused to assist by filing the appropiate motions and schedules with this court.

4. Based upon the fact that debtors counsil refuses to provide the services for which the debtors have paid, the debtors contend that the compesation paid exceeds the reasonable value of such services, as a result the debtors contend that such fees should be disgorged back to the debtors to allow them to obtain alternate counsil. Furthmore, this Court has the authority to order the return of such payment pursuant to 11 U.S.C. Section 329.

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I'm not saying actually file it, or that you would win if you did... But it sure does sound like work to the attorney to me... They might as well just help you and file your requested modifications.