please help dont want my case dismissed

[tish]

I need some advice bad. We filed chpt 13 in Dec 07.We were confirmed in Jan 09. At the time we filed I was working full time as was my husband.A week after we filed I found out I was expecting another baby.At 40 with our other kids teen's we were shocked to say the least.I developed some major medical issues and had to leave my job.At that time we had insurance so we still managed. I have been unable to work since the baby was born between her being sick and me being sick. In 2010 my husband lost his job.He was able to find another job but we missed 3 payroll deductions.We also lost our insurance and couldnt afford the premiums at his new job.In the last few months I have had a major surgery without insurance to pay any of it.I now owe close to 10000.00 and all the bills havent came yet. I am going to school at night to try and get a new job but it's going to be after our bk is over before I am thru. We have no extra money to pay on these new bills.Since I havent worked in 3 years and we still pay the same amount to the bk we have a hard time just buying food. I cant afford my medicine and we have to borrow food from relatives.We have went without hot water for 3 months.We only like 16 months on our bk. So my question is will they dismiss our bk due to us having outstanding bill's.I know once I finish school I can start paying it off but right now it's all we can do to feed our kids.Thank you so much for any advice you can give.Calling my lawer is useless when my hubby lost his job we never got a call back.I had to end up calling our trustee to get the new deduction set up and she chewed me out but finaly gave me the info for having it withheld.

[ValleYum]

I am not a Chapter 13 filer, so I really can't help much.

But with your greatly reduced financial circumstances (and extra family member), could you not dismiss your case and refile a Chapter 7 to include the new medical debt ? So that your "Fresh Start" will truly be one?

I am sure more experienced folks will chime in. {{{Hugs}}} I hope this works out for you!

[tish]

I would so hate to do that since we only like 16 months. We have done without so much to get this far. Plus I dont know where we would get the money to pay to switch it.Also both of our car's are in the 13 with 100% pay back.One of those has been sitting in the yard dead for a year. We just cant come up with the money for repairs. That leaves us one car for my husband to get to work.I am so stressed over all of this that my hair is falling out. I am so affraid that next Dec we will get dismissed over these unpaid medical bills.

[LadyInTheRed]

tish, you need your attorney's help. With decreased income and increased expenses you should be able to modify your plan. Call your attorney again. If he isn't available to take your call, leave a message saying you have had a significant reduction in income since your plan was approved, have incurred $10,000 in medical debt and you need to discuss modifying your plan. If he doesn't return your call, write a letter telling him the same thing and saying he did not return your call of _____ date. Tell him that if he does not contact you, you will report him to the state bar. Follow the letter with another call and repeat the threat. Show up at his office. Be persistent. Your attorney is not allowed to just desert you.

ETA: If you can't get your attorney to contact you, try calling the Mississippi Bar Consumer Assistance Program. https://www.msbar.org/ms_bar_consume...st_program.php

[bling32]

Try calling the hospital to see if they have a charity program. I have a huge deductible on my medical insurance and my daughter was hospitalized shortly after I filed. I owed the hospital over $3,000 but was able to get it all written off. I had to do an application and list all income of persons within the home and all expenses. I included my chapter 13 payments and they wrote off the entire bill. Once that was done I called the doctors group that treated her in the hospital and they wrote off $600 that I owed them as well. So, it is worth it to give them a call.

[tish]

Thank's for the reply's. I will try to call my lawyer next time I am around a phone. We dont have one at home right now. My neighbor is letting me use their wi-fi to get on line. When I was at the mamograhm center we applied for the charity and were denied.Back when I had to call my attorney about getting the withholding changed we had a phone but he never called back.Thanks for responding I was just trying to get a little piece of mind. I just know after all this strugle that we will get to the end and have our case thrown out. Just my luck.Thanks again.

[LadyInTheRed]

tish, your case will not get thrown out if you get help with the issues you are having. It has nothing to do with luck. You have to be proactive. Don't just try to call your lawyer next time you are near a phone. Make it a priority to get to a phone to call your lawyer. Since it sounds like you are hard to reach, if your lawyer isn't available when you call, tell whoever answers that you would like to make an appointment for a face-to-face meeting with the attorney or for a time when you can call and talk to him on the phone. You could also send a letter explaining you don't have a phone, suggesting a few days and times you are available for a meeting and asking him to write you to confirm a meeting date and time. Or, go to his office to set up an appointment.

I know you are having a really hard time and it is probably very overwhelming. You've gone through a lot and you can get through your BK! Please don't give up.