FINALLY going to be rid of the attorney from he**. The last we heard from her she was sending a letter to the trustee/court requesting our voluntary dismissal and was going to send a copy to us along with our file.
We received nothing after a month.
So DH calls her and asks about it and she says "But why do you want to dismiss, your plan modification got approved?".
It was like we never had the conversation(s) with her. When she filed a motion to extend time to cure our default, it was actually a modification to the payment plan. We found this out when we got our official copy from the court approving it. It's ironic- because her paralegal told us specifically that we should get the time to cure it extended first and then modify the plan. We had been after them to modify it for months, because it just wasn't affordable. So, DH told her- yet again- that we just can not afford the plan so she said something about emailing the trustee.
I got my notice of dismissal for nonpayment yesterday, so I'm not sure the attorney actually did anything and it may have just been dismissed in the natural course of events (us not paying). The dismissal was ordered without prejudice, and there is a 14 day "hold" time for the effective date of the dismissal in case we wish to convert to a different chapter. I thought the "without prejudice" was unusual because it was dismissed for non-payment. I am curious to know if the attorney actually did anything, or if the trustee can see that we probably shouldn't be in a 13 in the first place.
The dismissal orders dispersement of any money the trustee has according to plan order. We were planning on just filing a new 7 and not converting, so that we can start from the beginning correctly, with a new lawyer, instead of trying to fix things and explain things in the messed up 13. But now I'm wondering if we should convert, and if that affects how the funds are dispersed. Do the funds ordered to be dispersed get dispersed even if I convert? Because I know the chunk of it will go to the vehicle loan, which we are planning on surrendering in the 7. It's such a waste. It would be nice if it actually went to the next debt in line- the IRS- which will outlast the 7. I am just really looking forward to getting this all "done"!
We received nothing after a month.
So DH calls her and asks about it and she says "But why do you want to dismiss, your plan modification got approved?".
It was like we never had the conversation(s) with her. When she filed a motion to extend time to cure our default, it was actually a modification to the payment plan. We found this out when we got our official copy from the court approving it. It's ironic- because her paralegal told us specifically that we should get the time to cure it extended first and then modify the plan. We had been after them to modify it for months, because it just wasn't affordable. So, DH told her- yet again- that we just can not afford the plan so she said something about emailing the trustee.I got my notice of dismissal for nonpayment yesterday, so I'm not sure the attorney actually did anything and it may have just been dismissed in the natural course of events (us not paying). The dismissal was ordered without prejudice, and there is a 14 day "hold" time for the effective date of the dismissal in case we wish to convert to a different chapter. I thought the "without prejudice" was unusual because it was dismissed for non-payment. I am curious to know if the attorney actually did anything, or if the trustee can see that we probably shouldn't be in a 13 in the first place.
The dismissal orders dispersement of any money the trustee has according to plan order. We were planning on just filing a new 7 and not converting, so that we can start from the beginning correctly, with a new lawyer, instead of trying to fix things and explain things in the messed up 13. But now I'm wondering if we should convert, and if that affects how the funds are dispersed. Do the funds ordered to be dispersed get dispersed even if I convert? Because I know the chunk of it will go to the vehicle loan, which we are planning on surrendering in the 7. It's such a waste. It would be nice if it actually went to the next debt in line- the IRS- which will outlast the 7. I am just really looking forward to getting this all "done"!
Bankruptcy Wizard
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