In a 13 & want to go 7.... Answer from attorney

[Bkman2]

So I'm looking in to converting to a chapter 7. My income is well below the limit and I only filed on credit cards. I emailed my attorney with some questions so I can get things started (looking to get this done the 1st of July)and this is the crap answers I got.....

What is the cost to convert to a chapter 7? The conversion fee will be $1000. This is due to cost incurred by the firm in converting your case.

When I convert can I use that months payment to help cover your cost to convert? As long as the Chapter 13 trustee does not dismiss your case prior to the conversion being filed that should be fine.

We can discuss this when you come in.

Again we can discuss this when you come in.

When a case is converted you will most likely have to pay the liquidation value to the new trustee (Chapter 7) but again we will discuss this when you meet with me.

Is it just me or does it sound like I got screwed and now that they got paid they don't give a crap anymore?????? What would you do? I can't do another 4 1/2 years like this.

[lrprn]

You asked questions and your lawyer answered them. Just because they weren't the answers you expected or wanted doesn't mean you've been screwed.

Do as your lawyer suggests and meet with him as soon as possible. Your questions are all good ones. Be sure you understand the answers he gives you for each one of them or keep asking questions until you do.

[HHM]

I concur, this just sounds like you don't like the answers, but your attorney is being straight with you.

[Bkman2]

I don't feel he is being all that staright with me. When I was told I had to go with a chapter 13 after I paid $1500 to do a 7 I was told the cost to convert was only $500. When doing the paperwork I was told non-filing wife's bills don't go in my budget giving me a $257 DMI. I was $169 a month over the income limit because of a stock cash out she did in Sept giving her a "fake" average of $750 more a month. If they put her bills in the budget I would have been around $100 or less a month DMI. With my new mort, auto ins bills I'm under $90 a month. I didn't learn the truth until after my 341 meeting. That alone would have put me back in to a chapter 7 or maybe a 3 year chapter 13. After my 341 meeting I gave him all of my wife's bills AGAIN plus the other bills that went up. He will not fix the problem he did with the budget unless I pay him to modify the plan.

He said my wife's car was exempt and that we didnt need to worry about her 401K, stocks, and Fidelity account because they are in her name only. Now that my 13 if confirmed and the judge removed $2000 off of my wife's car exemption my attorney is saying "we can discuss this".

Now it looks like I would have to pay $1000 to convert and $1000 to keep my car and $2200 to keep hers. I gave her stock info as well as her Fidelity account info but they didnt want to put it in my BK. Now its "we can discuss this".

Thats why I don't like the answers I'm getting.

[Bkman2]

My wife's company now has free legal service. I think if my attorney keeps giving answers without really answering me and wants the money upfront I may check and see if they will convert my case.

[LadyInTheRed]

Putting off answering questions is not the same thing as not being straight. There could me many reasons why he wants to "discuss this" in person instead of in an email. One likely reason is that he wanted to reply to your email promptly, so answered the questions he could without reviewing your file. Notice that the questions he did answer could apply to any case being converted from Chap 13 to Chap 7. You will probably get more detailed answers when you sit down in a scheduled meeting after he has had time to prepare by reviewing your file in detail.

[HHM]

Putting off answering questions is not the same thing as not being straight. There could me many reasons why he wants to "discuss this" in person instead of in an email. One likely reason is that he wanted to reply to your email promptly, so answered the questions he could without reviewing your file. Notice that the questions he did answer could apply to any case being converted from Chap 13 to Chap 7. You will probably get more detailed answers when you sit down in a scheduled meeting after he has had time to prepare by reviewing your file in detail.

I concur, emails are a VERY INefficient way of answering case specific or complex issues. Heck, look at this forum, most of the time, any semi detailed answer simply generates more questions, thus, for this attorney and you, it is easier to answer ALL your questions during a live conversation, either in person or over the phone.