Facing Dismissal

[Brokebloke]

Hi Guys,

I filed 13 in and got confirmed in 2009. My base plan is 235,000. I have paid in 147,000 so far but it has been a huge struggle. I was in a motor vehicle accident in 2010 that brought about many difficulties for me. I have had two surgeries so far as a result and missed about fifteen months total of work since the plan began.

I stupidly used up most of my IRA(which wasn't much) yeah now I know not a good idea but I did it just trying to complete the plan. I have however run out of funds and can no longer afford my 4,600 per month payment.The payments over the years kept increasing. I am days away from dismissal. Lawyer not much help. I was so close.........

Any suggestions?

Thanks

[frogger]

You need to get with your attorney a.s.a.p. and see about a plan modification. If for some reason you can't do it before dismissal, there is still the possibility of reinstating your case. You, however, need to get on it immediately.

Good luck.

[Brokebloke]

Thanks frogger, the part that makes me really want to try is I am only 88k away from completing the plan. I am meeting with a different attorney today. The guy that filed my plan I guess just got a little too big and really aloof. I get the feeling when I speak to him that he has no patience in dealing with my case.

[NowImDownInIt]

You may not have time to change counsel *and* file a modification if you are only days away from dismissal.. If you could park in your aloof attorney's lobby and make a fuss, they'll probably see you pretty quickly.. They can e-file the motion for modification. That's what you need with your huge change in living situation. I'm sorry that you are going through this. It really sucks to get so close to be worrying about failure now.

[angel7821]

You are too close to the finish line to let your case get dismissed. Go to your attorney and have him help you like right now. You may have to pay him extra but if he can get your plan modified then it will be worth it. Sorry for what you are going through but hang in there. It is not over just yet.

[mlevesque308]

How did you make out?

[Brokebloke]

Got extension (two weeks) in the process of modification. hoping to get a reduction in the payment.

[frogger]

Got extension (two weeks) in the process of modification. hoping to get a reduction in the payment.

Good news. Keep us posted!

[spidge]

I fear a similar situation. I have been missing out on an average of 3 hrs of OT per day as I am on light duty causing major strains on us. After yesterdays doctor visit I fear that I may end up on disability for a time before all is rectified.

Very disappointed as we were doing OK.

I do hope you come out of this in good shape Brokebloke. Maybe a hardship discharge is in order as you are far into the plan.

[lillymarlene]

Like Spidge, I fear a similar situation, too. As some of you know, the man I was living with for 23 years passed away in March of this year. Then also on top of everything, I had to immediately run out and look for employment to replace his lost income. It's been very tough. I'm 60 years old, and hadn't worked for years, outside of my family's store. Right now I'm in a 3+ month (hopefully longer) temporary job and still have my online business.

So far I've been able to hang in there, but just barely. I'm 34 payments in with 14 more to go. It would be so awful to have to start this over now. I'm following this thread with interest. Maybe I should talk to my attorney, if it's common that they would lower payments for a person with a big change in circumstances.

[LadyInTheRed]

Maybe I should talk to my attorney, if it's common that they would lower payments for a person with a big change in circumstances.

Yes, anybody in a Chap 13 who experiences a significant drop in income should discuss the situation with their attorney right away. Depending on your circumstances, your attorney might recommend modification, a conversion to Chap 7 or a hardship discharge.

Lillymarlene, since your plan is 48 months, I am assuming you are either in a 100% plan or are an under median filer with minimum amounts that must be paid within your plan. Your plan could be extended up to 60 months in order to lower your payment and pay whatever needs to be paid in your plan.

[lillymarlene]

I'm an under the median filer. It's better than some alternatives, but I'd sure hate to have this extend longer. I just hope I can keep on with the original "program."

[Brokebloke]

So, I heard from my lawyer, Trustee will not go for modification so now dismissal is a reality.

[dmc-2008]

Why?????

[Brokebloke]

From my lawyer


I heard back from the Trustee today regarding our Motion to Modify your plan.

The numbers simply don't work because the delinquency was too great, and you plan cannot be modified. In the proposed Mod, to make the numbers work, I had to retroactively lower your payments and, this late in the plan, the Trustee had already disbursed money to creditors under the confirmed plan, so there was no room to do what we were trying to do to save your case from being dismissed.

At this point, the best advice I can give you is to refile once your case is dismissed. This will allow you to start over based on your current income and expenses.

Please let me now if you have any questions. Every effort was made to save the case, but the math is just not working.