Possible Dismissal Due to Wrong Wage Order

[mrsbrown9999]

My case has already been discharged. I apologize for posting here but there is not a proper category under the "after discharge" area.

I purchased a car in Mar 09. At the same time of the modification request I also found my own home insurance and the interest rate on my house was lowered. The timing could not have been anymore perfect for me to get a lower payment plan.

Well to make a long story short I received a wage order to pay a new lower price to the trustees office. Two months later the modification was denied and I never received an order to change my payments. Back in November I recevied a notice of a possible dismissal because my payments are behind by over $5000.

I spoke with my attorney and asked how do I become behind in payments when I am paying what was ordered? He stated the mortgage company is reporting they paid for insurance for a longer period than what they really did and the trustee denied the modification until someone can prove what is really owed. At this time my lawyer denies any wrong doing.

I called the trustees office and they stated the lawyer requests the wage orders. They stated the lower wage order should not have gone out until the modification was approved and his failure to submit an additional order to adjust for the denied modification is the true reason why I am behind.

So I am faced with dismissal and a refiling of my case. Refiling means another 10 years of reporting, a even more damaged credit report and starting my 5 year repayment period over.

So who is really at fault here? I am considering filing a complaint with the bar of my state. The only thing that will make me happy at this point and not complain is if the attorney funds my now $6000 payment that I am behind by at no additional charge to me. However knowing that there is no possible way he will agree to that I am considering asking him to refile with no additional costs and then complaining. After the refile is complete I will find another attorney to handle my case from here on out.

Does anyone have any light to shed on this?

[justbroke]

It is not a question of fault.

First, I don't understand by the statement "My case has already been discharged". Do you mean your case was dismissed? If so, when?

Second, as to fault, it is always your responsibility to maintain payments. Even if your employer is supposedly deducting a certain amount and doesn't... you need to keep on top of that and to address any shortfalls. This is regardless of what you think. Sure, the attorney could have waited to do the Wage Deduction Order, but also, the Trustee doesn't control the approval of what I'm guessing is a Motion to Modify Confirmed Plan. The Judge makes that decision.

Third, I believe that you and your attorney had and continue to have a serious communication problem. When you were at $5,000 behind, you should have been working to correct the problem by coming to an agreement with the Trustee to rectify the back payments. I don't know any attorney who would eat, now $6,000 is back payments. Besides, you even say that the payment modification was denied 2 months after March or April 2009, yet you didn't do anything (call your attorney) until November when the Trustee sends a warning letter? What happened during those 6 months?

Fourth, did you have permission from the Trustee to purchase that car in March 2009?

Fifth, Chapter 13s report for 7 years, not 10 years.

Last, you, as a Chapter 13 debtor, are responsible for ensuring that yo are paying the right amount. I consider this (personally) no different than H&R Block or a CPA doing your taxes and doing them wrong. You are still liable. You actually seem to know that your Motion to Modify Confirmed Plan was denied and knew you were paying less (because your paycheck was larger). I don't know what you expect to happen?

Can it be fixed? It seems real late now, because the warning was back in November an it's March now. It could have been dealt with in several manners.

[mrsbrown9999]

I am in year 2 of payments so I guess this is called a confirmed case?

I have been maintaining payments. I have always made sure the paycheck after a wage order was issued is paying correctly. So i have been paying what is ordered. I did not know there was a difference between what is ordered by the court and what is requested by the attorney. Thank you for clarifying that for me.

And yes I am having communication problems with my attorney. He does not answer my calls, he does not return emails. He claims he has been in a very important project. My emails were as simple as what is the status of my case and why are we behind and I would get a "I will answer you when I get to the office" repsonse. I have emailed him twice a day to no avail. I admit my failure is not going to his office in person requesting for some answers. When I received denied modification he stated the mortgage payment just needed to be adjusted. I trusted him then. And when the first notice I was behind I immediately emailed him and kept getting "he's in court," "he's in a meeting," "he will call you back".

I did receive permission from the Trustee to purchase the car but i remember the person at the trustees office did not release the ok until April because the modification was not presented until then.

Fifth, Chapter 13s report for 7 years, not 10 years.<--- my attorney stated 10 years

And yes, I do know my payments were lower, but like I said I have a wage order stating to pay that much. I feel really 'duh' at this point.

I appreciate you giving me information and your opininions. Like I stated before, I am very lost as to what to think about this. I do not want to anger my attorney to where he will not do what he is supposed to which is why I am asking for help here.

I know people do not like to take falut for what has gone wrong, but I am not one of those people. I admit I have not read up on specifics of Chapter 13. I have read what is to be done to file, and the difference between 7 & 13, but I cannot really find information on maintaing my case.

[justbroke]

If you haven't already done so, you need to go sit in your attorney's office and demand his time. He may charge you, but that's for another day's argument.

There are clearly many things your attorney did not do to keep you informed, and this seems to be typical of post-confirmation Chapter 13 attorneys. They just tend to "forget" about who paid their bills the prior months. I'm sorry you're in this position, really. It's attorneys like yours that give attorneys a bad name.

As for angering your attorney? You're babying him. That's why he's pushing you to the back burner. You need to stay strong and prepare to need to fire him and hire a new attorney. And, to make it even more interesting, you may even need to file a complaint with the bar, and even demand a refund of "unearned" money that he has been paid. Yes, seriously, unearned money.