Can't catch break!

[brandv1]

Sorry this post is mostly a whining, moaning, "woe is me" session.

So, I'll start with pre-filing. Lawyer was great, responsive and attentive. Initial filing went smoothly. 341 went fine. After the 341, the TT wanted to increase payments because we didn't need daycare in the summer (wife is a teacher, but she teaches summer school too). Then attorney had my student loan moved outside of our 13 because my dad was a co-signer. That didn't make sense to me, it seems like the loan being in the 13 would protect him better.

After providing receipts for daycare and proof that wife works summers, they were actually able to decrease payments. But, this is also required a step up in payments when child number 2 starts school and only needs before/after care (about $100/month), and then another step up of $300.

Now as we're paying, we are more strapped for $ than we ever were before. I have no idea how we're going to afford these step ups. I told the para when they prepped the paper work that I had no idea how we were going to afford it. But, we didn't argue the point a whole lot... we just wanted to get filed and confirmed and get on with life.

It seems like every step has been plagued with problems since though. Extended hours at my wife's school got cut - that's about $300 less per month. We're just scraping by and having to do garage sales and other things just to get $ for gas sometimes. Had to repair brakes on one car, with no money in savings yet. daughter's bike was stolen (twice). Groceries just seem more expensive than ever. I haven't been able to log any OT at work. I've been sick more than ever ($250 in copays in the last 2 weeks). Then, just when I get my bonus at work, I have a car accident and there goes my bonus to the deductable instead of savings. Then we had to fix the brakes on the other car.

I just don't see how we're going to pay these step ups - especially if things keep going the way they are. My attorney is now unresponsive and not calling back (she got paid already by TT). We're going to have to do some kind of plan modification to get rid of the step ups, but I can't get a call back now. What would be the options for getting another lawyer to take over? Does anybody have any suggestions?

[AngelinaCat]

Unfortunately, you are not going to be able to get another attorney easily. Most will refuse to step in and 'clean up another attorney's mess', as it were. And if you do find one, it likely will be pricey.

What does your contract with with present attorney say? Is she to be your representative throughout your Ch13, or does her responsibility end with the 341 and confirmation of your plan?

Depending on the answers, we will be able to advise further.

[LadyInTheRed]

If your concern is with the step up, then you need to wait until it's time for the step up to modify the plan, or maybe even a little while later. Your expenses are projected to decrease. So, you would need to show that they did not in fact decrease.

If your plan included the $300 in income that your wife lost and that reduction is permanent, that should be addressed now. If the messages you left with your attorney were related to the step up, call again and make it clear that your income has decreased by $300 a month and that you would like to discuss modifying your plan. The fact that your attorney has already been paid should not keep her from returning your calls. Unless you have an unusual fee agreement, she would be entitled to additional fees for a modification.

[justbroke]

I like the strategy where you wait just before the step-up. Then you motion to modify but offer any new expenses. Hopefully, your new situation would not justify a step-up to the higher payment. It's a good strategy, but it could cost you some legal fees. Please understand that the Trustee, apparently, can modify certain plan payments without having an order from the court (I learned this the hard way). This is why I would pre-empt the step-up with a motion to modify at the time it is to occur.

[brandv1]

We're actually filing for a modification now based on the fact that I'm no longer getting overtime at the same rate that I was prior to filing for a drop in income of about $500 a month and they discontinued the extended day program for my wife's school. So she has basically had a drop of about $300 a month from overtime going away. As for the step-ups, I'll take your advice and wait until right before to file for another mod.