Need Help Please!!!!!!!!!!!!!!

[austinsmom]

Hello everyone,


I would like to please ask for some help or advice. I filed a chapter 13 pro se. A creditor SunTrust bank just filed a motion to terminate my automatic stay..what can I do??


Also I filed a motion to continue the 341 meeting and it was denied without prejudice to a proper a request...what does that mean? I ask for the 341 meeting to be continued because I had to be at work and was not able to take off.

Also I did mail a motion extend the automatic stay within 10 days of my filing the chapter 13.

[newbie2]

I'm going to be extremely blunt: You need an attorney NOW. For a month or so now you've been asking questions about parts of your plan that are not going well. You've been advised many times to hire an attorney. Some people can manage a Chapter 13 plan on their own, but not many people can. I'm one of those people, and so are you. Please understand I am not trying to be insulting. I am simply trying to make you understand that you need an attorney.

In case you missed the replies that were made to you before, here are the other threads:

http://www.bkforum.com/showthread.php?72183-Can-the-Trustee-be-changed

http://www.bkforum.com/showthread.ph......please-help!!

[HHM]

I am guessing SunTrust must hold a secured note of some kind (mortgage, car loan etc) and you were behind on payemnts. Further, you must not have properly addressed that debt in your BK and chapter 13 plan, so they are requesting to be allowed to continue with their foreclosure/repossession process.

The 341 meeting is pretty much a set in stone date, short of being in the hospital, you can't change it. Your request was denied, which means YOU BETTER GO. If you don't go, your chapter 13 will be dismissed. (which, might be a good thing so you can get a lawyer and do it right the 2nd time around).

Understand, this forum is best for seeking support and general guidance and understanding, the forum cannot, in any way, coach someone through a pro se case.

[austinsmom]

Hi,


Yes I think it best that I do hire one now...I tried my best but this is way to hard. Thanks everyone for all your help and support!

[justbroke]

Austinsmom, at least you tried. In Florida, I have never seen a 341 Meeting date getting moved short of the debtor being hospitalized. It has to be an unreasonable burden for you to attend, and missing work just isn't one of them. Also, the 341 Meeting is done by the Trustee... you would have asked the Trustee's office in writing. You would not file a Motion with the court as it's an improper request, since the Court is not involved in the 341 Meeting by law.

HHM sums up the other issue with respect to SunTrust.

Your case has issues and the best way may be to allow the case to dismiss (the stay will stick until it dismisses or an RFS being granted). Then re-file with an attorney.

Filing pro se in Florida is not simple. I don't know of any people other than myself, that made it through Confirmation. It's a particularly difficult process because there is no help -- like they have in California -- and the Trustee's office is difficult if not impossible to contact. You really need to "know the ropes" in Florida to get confirmed.

[newbie2]

Hi,


Yes I think it best that I do hire one now...I tried my best but this is way to hard. Thanks everyone for all your help and support!

Wonderful! I hope things go much more smoothly once you've retained an attorney. Good luck to you.

[mountanddo]

My attorney fees are part of my chapter 13 plan. What is the advantage of filing pro se for a chapter 13? Does it raise your monthly payments? Just wondering if you can have your payment to your attorney included in your plan why someone would choose to file without an attorney.

[justbroke]

Because Chapter 13 attorneys usually charge the majority of their fees up front. This is in case you fail to confirm or otherwise cost the attorney. I would say that while a Chapter 13 can earn an attorney more fees, it also is risky business since a good number of Chapter 13 cases never see it to confirmation, with a good number failing in the first year.

It doesn't raise your monthly payments because your disposable income is your disposable income! If you don't have enough to pay the attorney and trustee fees, your plan is infeasible from the start.

[mountanddo]

I guess I feel lucky then because my attorney fees are in my plan except for the filing fee of $274. Otherwise I would not have been able to file and one of the reason why I am doing a Chapter 13 rather than waiting until I'm eligible for a Chapter 7. The attorney fees are higher for a Chapter 13 but I'd never be able to come up with $1600 for a Chapter 7.

[justbroke]

You are lucky... that there are some Chapter 13 attorneys willing to put the majority of the fees inside the plan. It's a risk they take, but they can earn more. The 2 attorneys that I considered, wanted the majority of the fees ($2,500-$2,700 of about $3,500) up front.

[mountanddo]

Yes I feel VERY lucky because I would never of been able to save up enough to file if they didn't do that and basically I'd of been screwed. My wages would of been garnished 25% and I would be in a very bad place for years to come. I guess I don't know how people who are contemplating bankrupcy even have access to $2700. I don't even know anyone that would even lend me that kind of money. So someone is watching over me. I'm not sure who yet ;)

[bkonyx]

Wow, I didn't realize how lucky I was that my fees will be in my plan! My Chap 13 is $3000 but i can file as soon as I've paid $600 and the rest of the fees are worked into my plan. I'm paying my $100 retaining fee tomorrow and the remaining $500 next week. Then my filing fee a few weeks after that. I hope to be filed by the end of October.

OP, I"d look around to see if there are any lawyers willing to work out something like this with you. I went with a big bankruptcy specialist law firm and my understanding is that this is their typical practice for chap 13 (Had I gone with chap 7- mine is complicated with private student loans, it would have been $975 and all up front).

[justbroke]

Many people come up with the filing fees by stop paying for things like mortgage, credit cards, student loans, car payments, etc.

[mountanddo]

I think I may have hijacked this thread. So sorry austinsmom! Back on topic

[df04527]

Austinsmom - try to save this 13 -- if it gets dismissed and you have to re-file you WILL have two BK's on your credit report.