Wage order and trustee problems

[justbroke]

What is sad is, on the document filed in Pacer this July, you can actually tell where "white out" was used on the old modified plan and the new information was written in. I guess he forgot to white out the current monthly income and place the new amount.

I would definitely bring this to the attention of the Managing Partner. Of course, it may be a clerk that did this work for the attorney, but the attorney should have reviewed it.

[LadyInTheRed]

Taco, I'm confused. I thought the modified plan was already confirmed by the court. Why does a new motion to modify the plan have to be filed? If the court already ordered the modification, all that should be required is a modification of the wage order.

[taco]

Welcome to the party Lady in Red. One would think it would be simple. I am so confused I really don't know what is going on anymore. I would have thought it was a simple process. I know, I know, nothing in the 13 process is simple, but it seemed pretty straight forward.

I don't want to get all complicated and conspiracy theory like. I do not walk around with tin foil on my head to keep the government from listening to my thoughts....But.....

I just get a feeling some big mistake was made by my attorney. He is not owning up to it, and it is costing us dearly in our plan. Simply wouldn't the trustee be ignoring a just order from the court? I really believe we made a huge mistake in hiring this firm. When preparing our pre-petition paperwork for budget, I was providing the IRS numbers on many of the categories. We were told that would not fly with the trustee, just because we used them filling out the means test, did not mean we could use those numbers on the budget. We would tell the numbers that we actually spend, hear the same thing, you got to cut the budget....

On the means test, we actually show a negative DMI. Yet I was talked into a plan that was 100% Payback. We needed a 13 to make up arrears of the house. Maybe we should have surrendered it? I made some huge mistakes going into this, I believe I found a BK mill. I have a feeling the attorneys stay friendly with the Trustee, going along while they get their fees. I wonder if I can look up how many adversarial proceedings the firm I hired are involved in?

I also knew things were going to be bad when at the 341, the Trustee's representative asked for my tax returns. I had already turned over copies of the two previous years returns to the attorney before filing. They did not get turned over to the trustee.


We are one payment away from being halfway through our plan, so I really don't all of this to go to waste.

Sorry, didn't mean to unload, just frustrated.

[edit] - Oh yeah, I also forgot to answer your question Lady in the Red, I have asked the attorney to file a motion to modify wage order. I have heard numerous reasons why not....from...... that's not how its done.....to...... its more complicated than that.....

[taco]

Just talked to original attorney. He told me the following things:

1) The form for "Modified Chapter 13 Plan" is supposed to have the original income that the plan was filed with not the new income. (Why does the form say "current monthly income"? I will never find out the answer to that question, he never answered, he is sticking with his story)

2) He made a mistake on the original modified plan last July by putting unsecured creditors would be paid back at 95%, it should have been a lower figure. That is why the Trustee never changed the wage order. (Man it must be nice to be a trustee in this district, it appears you can just ignore rulings by the court.)

3) He insists that the trustee will modify the wage order after the objection period ends. So no changes will happen this month, will have to wait for check at end of August for the additional income.