Going in front of a judge...has anyone been at this point and won?

[mylife]

It sounds as if our atty is spineless or ignorant of the law. All of this is why I want to go in front of the judge so both sides (atty & ttee) can be exposed. If it were possible, I would get out of it now and get another atty, but that's no guarantee of a different ttee.

[lrprn]

To me, this sounds like your attorney just doesnt want to actually do his/her job...

I agree. No one, including the trustee, can prevent you from modifying a Ch 13 plan when your financial circumstances have changed for the long-term.

If what you've shared with us is 100% true and hasn't been exaggerated or had other important facts omitted, then I were you I would seriously consider reporting your attorney to your state's bar association for misrepresentation. Here's how to do it:
- Report a Lawyer to the Bar - http://ezinearticles.com/?Report-Law...ved&id=2326899
- Reporting a Lawyer for Ethics Violations - http://legal-malpractice.lawyers.com...iolations.html

And here's the appropriate agencies to contact by state:
Directory of Lawyer Disciplinary Agencies 2011/12 - http://www.americanbar.org/content/d...thcheckdam.pdf (scroll down to your state)

[mylife]

So glad the site is back up and running!!!

Thanks for that information on reporting the atty because I looked into that today. All of the information I have provided thus far has been fact. Whether important facts have been omitted it's hard to say as I don't know what else would be relevant.

Here is where we are. The Ttee came back today and suggested a new payment of $985 which the atty said is the $400ish disposable income and $500ish truck payment that we no longer have because we have crammed down the payment and is paying it in the plan. Told him we are struggling to make the $750 payment and the $985 is unrealistic unless we surrender our home and move into a 1 bedroom apartment. We asked atty what will happen next year when my income is reduced while on maternity leave and when we're paying close to 1k month in childcare and he said he'll have to amend the plan but it's no way the payment can go down because secureds are only receiving 2 or 4% I can't remember.

I need some ammunition to go to court with. Is there anything we should or should not say? What might help our case? If not confirmed, we considered cancelling (not sure of correct terminology) the 13 and going with another atty. Any advice is appreciated as we go to court Wednesday. The atty said the judge usually sides with the ttee, is this true?

[mylife]

FINALLY FINALLY FINALLY CONFIRMED!!! We agreed to a payment of $850/month and the Trustee approved. This was before we went in front of the judge. Thanks to all of you who answered my questions and for all of the information you provide as I also learned from your responses to others. We actually only have about four more years left since we filed in January and is doable.

[IamOld]

mylife CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!!!! and best wishes!!!!