Need Help Chapter 13

[confused12]

My chapter 13 case hasn't been confirmed yet so if I dismiss my case or if the trustee dismisses my case will my attorney still have rights to the money I have paid to the trustee or will the trustee return the money to me? In other words, does my attorney need to dismiss themselves from my case in order for me to get my money back? Also, is it better to dismiss my own case or to let the trustee dismiss my case for either not going to the confirmation hearing or failing to make trustee payments? Thanks.

[mountanddo]

My trustee told me my presense was not required at the confirmation hearing. Why are you going to dismiss it?

[confused12]

I'm not worried about whether or not to show up at the confirmation hearing. What I am wanting to know is will I get my money back I paid in to the trustee if I dismiss my case or will my attorney still get their money from the trustee or does my attorney have to dismiss themselves from my case in order for me to get my money back. I have worked things out with my creditors so I don't need to be in chapter 13 any longer. I would like to hear the thoughts of the moderators of this forum. Thanks.

[ValleYum]

I'm not worried about whether or not to show up at the confirmation hearing. What I am wanting to know is will I get my money back I paid in to the trustee if I dismiss my case or will my attorney still get their money from the trustee or does my attorney have to dismiss themselves from my case in order for me to get my money back. I have worked things out with my creditors so I don't need to be in chapter 13 any longer. I would like to hear the thoughts of the moderators of this forum. Thanks.

I think what md was trying to tell you is that simply not showing up for your confirmation hearing won't get your case dimissed since most trustees don't require the debtor to attend in the first place.

[shark66]

If your attorney wasn't paid in full prior to filing, he/she is entitled to the funds that the Trustee holds, unless they were already paid out to creditors. If there's a surplus left after the remainder of attorney's fee is deducted, these funds should be returned to you.

Good luck to us all.

[mountanddo]

I'd answer but I'm not a moderator of this forum LOL

Thanks for translating ValleYum. That was exactly what I was trying to say.

[shark66]

I'd answer but I'm not a moderator of this forum LOL

For all we know, you might just be a Moderator In The Making...

Good luck to us all.

[confused12]

My attorney agreed to do a certain thing with one of my creditors and hasn't done it and even told me that they were going to withdraw from my case but hasn't yet since they told me they would do a certain thing for me first. My case hasn't been confirmed and I want out of the bankruptcy but feel I am entitled to receive the money I paid to the trustee for a good portion of the attorney fees since the attorney didn't do what was promised to me. The attorney did receive a good amount of money upfront and the rest was factored into my payments to the trustee which my attorney hasn't received yet since my case hasn't been confirmed. Is there anything I can do to get the rest of my money back I have paid to the trustee for attorney fees if I dismiss my case or does my attorney have to withdraw from my case first? Thanks.

[confused12]

Also, should I contact the trustee to see about getting my money back for attorney fees if I dismiss my case?

[confused12]

Can anyone give me an answer for my question above? Is there any way I can get the money back I paid to the trustee for attorney fees? Is my attorney resigning from my case the only way I can get back my attorney fees paid to the trustee?

[mountanddo]

If you've already had you 341 meeting and you haven't paid your attorney anything except through your plan I would guess no, you can't get it back and you may owe the attorney more money that what you've already paid. My understanding is that an attorney makes most of their fees through the 341 so if that is the case they've already done all the work.

[kornellred]

There has to be a written contract between your BK attorney and you, which you signed. Attorneys are not in the business of giving money back to clients who decide that their services are no longer required.

[confused12]

Thanks for the replies. I paid my attorney almost half of the fees upfront and the rest was to be paid through the chapter 13 plan. I have had my 341 meeting but my plan still hasn't been confirmed. I am not wanting the money I paid my attorney upfront back but I DO want to get back the money I paid to the trustee that was allotted for the remainder of attorney fees if I dismiss my case and since my attorney did not do what they said they would. Do I have any remedies or does my attorney have to withdraw from the case for me to get the other money back? Can I speak to the chapter 13 trustee about this? Please help. Thanks!

[shark66]

I am not wanting the money I paid my attorney upfront back but I DO want to get back the money I paid to the trustee that was allotted for the remainder of attorney fees if I dismiss my case and since my attorney did not do what they said they would.

In plain English, that's NOT going to happen.

Do I have any remedies or does my attorney have to withdraw from the case for me to get the other money back?

Even if your attorney were to withdraw from the case it is *extremely* unlikeloy that you'd get back one red cent, *unless* there's more money held by the Trustee than your attorney is owed.

Can I speak to the chapter 13 trustee about this?

No, as long as you're represented by an attorney.

Good luck to us all.

[HHM]

This thread went on to long.

The attorney DOES NOT get paid by the trustee unless the plan is confirmed. If the debtor voluntarily dismisses the case prior to confirmation (assuming you still have the right to do so), all monies paid to the trustee are refunded to the debtor. No creditors are paid until the plan is confirmed, including the debtor's attorneys.

However, I think you need to start looking at the forest through the trees. Dismissing your case because you don't want your attorney paid seems awfully narrow minded. There was a reason you needed to file BK, somehow I doubt that is changed. You can always hire a different attorney to come into the case (in chapter 13, that is a bit more common than chapter 7), so I think before you take the step to dismiss, perhaps find someone willing to substitute.