Post Bankruptcy Question?????

[wooisme]

I made my last payment in September and the payment showed up on pacer and the trustee's office made the last payment to the creditors the end of september. I have heard nothing from anyone about this or what happens now. Since I didn't hear I paid oct payment and still have heard nothing. I checked the data center and the end of oct shows no payments were made and there's like over $900 in our account. I'm in eastern virginia so maybe they are different. So far we have overpaid the base amount. does anyone know how long it takes to complete this? I get no answer from the lawyer AGAIN! i guess i keep paying it till the end of time!

I don't understand why someone cannot answer a simple email telling me what is next.

[ValleYum]

I can't help you but I wanted you to know that I am sorry for your frustrations.

[justbroke]

I made my last payment in September and the payment showed up on pacer and the trustee's office made the last payment to the creditors the end of september. I have heard nothing from anyone about this or what happens now. Since I didn't hear I paid oct payment and still have heard nothing. I checked the data center and the end of oct shows no payments were made and there's like over $900 in our account. I'm in eastern virginia so maybe they are different. So far we have overpaid the base amount. does anyone know how long it takes to complete this? I get no answer from the lawyer AGAIN! i guess i keep paying it till the end of time!

I don't understand why someone cannot answer a simple email telling me what is next.

You need to go and sit in your attorney's office or call them 10 times a day (once an hour) until they answer! You should clearly understand when your payments were to stop. I don't know if it was unclear or you really don't know, but you need to get on top of this. If the funds are not needed by the Trustee, they will be refunded.

It reads as though you're at the end of plan but your attorney has not done any of the "end of plan" activities. Some of those activities include a motion for entry of discharge. I would just keep pestering your attorney and if that means going and sitting in his/her office until they show up, then you should do that.

Also, be aware that if you have a mortgage that is paid through the plan, the Trustee may no longer be paying it! Don't get in trouble and end up in foreclosure at the end of your plan. You may want to contact the Trustee, although I generally don't suggest that. You really need to know what's going on.

[wooisme]

No thank goodness i don't have the mortgage in the plan. I thank you for the information. I have talked to the trustee's office a few times during the course of the bankruptcy because my employer doesn't pay it, I do. the clerk has always been very helpful. I had to call my case worker because I couldn't get my lawyer to file our certificates for the counseling for the end of the bankruptcy requirement. She told me that if I cannot reach him that I can write a letter to the trustee explaining what is going on and what I have done to get ahold of the lawyer and that I get no answer. then all of a sudden that same day, low and behold, it was filed.

[justbroke]

Sometimes, the Trustee's office can be your friend. I don't suggest calling them when there is a "good" and healthy relationship between debtor and attorney. However, the attorney ignores you and there are legal and pressing issues... reach out to the Trustee by all means.

I think you need to get back in touch with the Trustee's office. There are actual things that your attorney should be taking care of and you need to know what to do!

[wooisme]

I thank you my friend. Sometimes we know what is the right thing to do but we need to be reminded of it at times.

[HHM]

Also, keep in mind, most attorney fee agreements END services upon either the conclusion of the 341 meeting or discharge. and if chapter 13, at confirmation, so your attorney is probably ignoring you because the contract for services has been completed.

Think of it this way...not to be too coy, if you run out of milk, do you go to the grocery store and simply ask if you can fill up a glass of milk from another container? Sounds crazy, right. So, if the attorney did everything they agreed for you, why would you expect them to do more? You bought the gallon of milk, drank it all, there is nothing left.

You view it as "one simply email". Now, multiple that by several hundred clients all wanting contact. That is why bankruptcy attorneys write in definite end points to representation in their fee agreements.

[mountanddo]

Also, keep in mind, most attorney fee agreements END services upon either the conclusion of the 341 meeting or discharge. and if chapter 13, at confirmation, so your attorney is probably ignoring you because the contract for services has been completed.

Think of it this way...not to be too coy, if you run out of milk, do you go to the grocery store and simply ask if you can fill up a glass of milk from another container? Sounds crazy, right. So, if the attorney did everything they agreed for you, why would you expect them to do more?

So once you are confirmed your attorney is no longer your attorney unless you pay them more? Good to know. Thought the fee was for the entire period of Chapter 13.

[HHM]

You need to look at your attorney's fee agreement, but it is fairly standard practice to end services at upon chapter 13 confirmation unless other services were specifically contemplated or paid for (e.g. 2nd mortgage lien strip).

Note, the attorney is still the attorney of record for the case as far as the court is concerned, but the court generally only requires monitoring after confirmation. For example, if a notice comes from the court or the trustee, the attorney is expected to pass it along to you, the client. But as for doing any more affirmative work on the clients behalf or responding to questions, the answer is usually no, the attorney is done unless you pay.

It really depends on the attorney. Some will continue to catalog the work performed and periodically submit fee request to be paid out of the chapter 13 plan, but often times, the process of getting that fee request approved is more time consuming then the work that was performed after confirmation; so many firms simply cease services upon confirmation unless there are know issues.

[azdebtor]

Then can you explain why the fee for a 13 is generally twice that of a 7? Is the work done to create a workable 13 plan and budget twice as much work as a 7? If a plan has to be modified due to income changes or other issues any time during the 13, is this usually an extra expense? Please excuse me if I've missed it, but in all the reading I've done on this forum over the past year, I never thought that the attorney would cease his services before the very last step of a BK 13. Admittedly I haven't asked any attorneys this question either, but you can bet I will now.

[wooisme]

Ok first of all it says in my handbook that my attorney is with me throughout the bankruptcy process from the beginning to the very end of it. Even the trustees office said this to me that he should be doing this stuff. I'm told that if I don't get satisfaction that I need to write to the trustee and tell him what is going on. his fee was paid to the end of the bankruptcy. the attorney himself said that a form needs to be signed by us but i have to wait until i hear from the trustee first. then i send the form back to him and he files it. so as I do believe your right he's not moving fast enough because after all he was paid right after confirmation and i'm an enormous pain in his backside. He does have a responsibilty to me up until the end of this bankruptcy

[HHM]

Then can you explain why the fee for a 13 is generally twice that of a 7? Is the work done to create a workable 13 plan and budget twice as much work as a 7? If a plan has to be modified due to income changes or other issues any time during the 13, is this usually an extra expense? Please excuse me if I've missed it, but in all the reading I've done on this forum over the past year, I never thought that the attorney would cease his services before the very last step of a BK 13. Admittedly I haven't asked any attorneys this question either, but you can bet I will now.

I am just letting you know standard practice, your opinion of it is beside the point. HOWEVER, the confirmation process in most districts is actually quite time consuming, and that is why it is double the cost. In chapter 7's, about 80% of the work is done BEFORE the case is filed, that is, all the analysis, preparation etc, to get the petition filed. In chapter 7's, not much happens after the case is filed aside from the trustee meeting. In chapter 13's, only about 40% of the work is done before the case is filed, again, analysis and preparing the petition and the plan. 60% of the work is done after the case is filed. Which is primarily the confirmation process (negotiated with the trustee, modifying the chapter 13 plan, reviewing proofs of claim, attending the confirmation hearing, etc).

[wooisme]

Ok, well obviously we need help there's no question about that. I need to get these papers filed and I need for this to be discharged and I need for this to be closed. So are you saying I need to send him another message asking him if I need to make a paying appointment? I have come too far and too long to have this be dismissed

[justbroke]

I would simply keep pestering the attorney to find out what service(s) you paid for and what are the remaining things necessary to close out your Chapter 13. It would be very bad to come so far, and to miss the discharge. In my District, the attorneys are allowed to get $3,000 over the life of the (60-month) plan as "monitoring fees". Whether your fees included discharge work, is the question. You can only find this out by actually talking to your attorney! You may even be able to talk to your attorney's billing clerk or paralegal.

Stay on top of this! Tomorrow is Monday, so start early (around 9AM local).

[wooisme]

Excuse my language for a second but this guy is a prick! I think they are all pricks! I feel that no one cares if you finish it or not! No one wants to work or do their jobs............that's me venting just a bit. Oh I intend on calling the trustee's office in the morning because i don't have it automatically taken out of my pay . I pay this on my own. I'm my own employer so I will just simply call and tell them I just got paid and am I suppose to make novembers payment when I feel that the plan has been paid and see what they say. she will probably tell me to get in touch with my lawyer and I will tell her I tried many times and he doesn't answer. but in any case I plan on bringing it to their attention.