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Ch 13 just filed no court yet lawyer is horrible - dismissal repercussions?

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    #1

    Ch 13 just filed no court yet lawyer is horrible - dismissal repercussions?

    hi, you guys here are wonderful in your advice. about 2 months ago i met with atty to discuss budget for ch 13 bk. we settled on about $300 a mo payment amount. then a week later my car died and we ended up having my husband (who isnt filing bk) to purchase a car for me. we had second meeting with atty to revise budget, including car pmt. new budget disposable income was less than $20. atty said iwill work it out and everything will be fine. he files 10 days ago, i get paperwork and payment is $300!!!

    i call my "caseworker" no answer so i email. she emails back saying only budget she has is old one, cc'ing the atty. he emails withh nasty attitude and WRONG info acting like its our fault. i correct him and send a new copy of second budget. he emails back with more yada yada, thwn he and caseworker go radio silent - havent been able to reach them for 2 days.

    no courtdates yet in case, should i dismiss voluntarily by going to office and signing off of it, or dismiss by just not paying? what legal repercussions will these actions have? i genuinely wanted to do right, but these people are messing up my life!

    thanks
    ginga

    ps forgive all lowercase i am using handheld right now and its heck to type on it
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    #2
    Hmmm....your husband who isn't filing with you financed the car but you are trying to claim the payment on your plan? Are you listed as a co-owner on the auto loan?

    It sounds like you may be right at the cutoff to have sufficient disposable income to file Ch 13. Why did you file Ch 13 rather than Ch 7?
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !
    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Originally posted by lrprn View Post
      Hmmm....your husband who isn't filing with you financed the car but you are trying to claim the payment on your plan? Are you listed as a co-owner on the auto loan?

      It sounds like you may be right at the cutoff to have sufficient disposable income to file Ch 13. Why did you file Ch 13 rather than Ch 7?
      my husband did not file, correct. but as his income has to be evaluated as part of household, his debts are also evaluated. even though i am the only one filing bk, his income also determines how much i will repay. on advice from an attorney and from here, my husband purchased a modest reliable car for me when my previous car totally keeled over as in undrivable. i am not a co- owner of the car. the car payments are a bit less than 300 a month. at the time of purchase we hadnt filed yet.

      i asked the same question of the lawyer, since the new car payment took our disposable income to nearly $0, but he said we still were ch13 people ( i suspect now because he gets paid more if we file ch 13)

      but my whole point in this was he screwed up and used the wrong budget then gave us the runaround via email about how it is right and we are wrong, and now we cant reach him at all! im seriously leaning toward changing lawyers, and one i spoke to said we sound like ch7 would have been better for us anyway.

      ginga

      Comment

        #4
        Ginga, how did this turn out??

        Comment

          #5
          IamOld, we did decide to switch to another lawyer, and based on her recommendations we realized we ARE in fact eligible for Ch 7. So we are switching.

          On a side note, we also found out that our old lawyer did several things that were in fact violations of federal law. So glad we left that firm!

          G

          Comment

            #6
            Originally posted by GinGA View Post
            IamOld, we did decide to switch to another lawyer, and based on her recommendations we realized we ARE in fact eligible for Ch 7. So we are switching.

            On a side note, we also found out that our old lawyer did several things that were in fact violations of federal law. So glad we left that firm!

            G
            Amazing!!! Well I guess sometimes things do work out!!! Very glad to hear that my best wishes to you!!!!!

            Comment

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