Back in September, 2012 we approached our attorney about filing. At that time we were not behind on any payments but my wife was making about $20k less than she had been and it was just a matter of time before we would not be able to continue making the payments. While the Means test showed that we had a postive DMI, the schedules showed that when you factored in our actual expenses, we were on the negative side, so we went for a 7.
It took the lawyer (and his incompetent paralegal) until mid-December to file. We were scheduled for our 341 the 3rd week of January. The US trustee had some questions and by the meeting, he had not received the answers from the attorney's office (even though we had provided them several weeks earlier, as soon as we received the request), so the 341 was a waste of time and continued until early March (the UST didn't even show).
This was the start of it...to make a very long story shorter (paralegal no longer with attorney; wife started new job making more money 2/2013, attorney gets ill, more deadlines extended), UST files motions of abuse, disallows expenses related to our college age children that are full time in college and still living at home, etc. several requests, delays by our attorney to respond, etc etc. Finally, but mid June it appears that there is no way a Chapter 7 will fly, so we convert to a 13 in early July. The meeting of creditors is scheduled for early September. Unfortunately, not only does our attorney have another case that he must attend, he fails to have filed the correct forms for the 13 so once again, it's delayed. Finally have the meeting in November and Trustee is still questioning accuracy of forms, missing info, etc. Worst part is that our attorney is a standing Trustee!!!!
The corrected forms are filed and more equestions from the Trustee. Bottom line is from the new Means, they calculate a $962 DMI (we proposed a $200 per month plan). My wife had changed jobs in February and was now earning more so they felt that using the 6 month look back as of July was no longer applicable. As of today we know that the following things will be or expecting to be happening in 2014: our tax refund will be reduced by approximately $2400 due to penalties and taxes associated with my wife having a loan on 401K when she left the job in 2013; our insurances, health and life, will be increasing by $130 per month; my annual bonus is expected to be lower or eliminated by somewhere around $1000-1500; 401K loan on my account was disallowed by Trustee due to timing but payment of $200 is legally payable and payroll deducted; we are a whole lot closer to $200 than $962. I didn't even include the extra $1050 that we had to pay out of pocket for my daughter's tuition for a required winter semester class that she needs to graduate in May as it is the only time offered and the winter session is not eligible for any financial aid.
Our hearing on the Trustee's motion is scheduled for January 16th. The attorney wants to give him the above referenced info since it relates to the Lanning decision regarding looking at actual anticipated expenses and income since the static approach would not capture our situation going forward. So, I am wondering if based on all of the delays and incompetence, would it be better to have our current 13 petition withdrawn before the end of 2013 and at the beginning of 2014, file a new, clean and accurate petition that captures all the relevant information? I never would have thought that 16 months later we would still not be confirmed yet as the delays by our attorney and his paralegal have easily added 5 months or more to this process.
It took the lawyer (and his incompetent paralegal) until mid-December to file. We were scheduled for our 341 the 3rd week of January. The US trustee had some questions and by the meeting, he had not received the answers from the attorney's office (even though we had provided them several weeks earlier, as soon as we received the request), so the 341 was a waste of time and continued until early March (the UST didn't even show).
This was the start of it...to make a very long story shorter (paralegal no longer with attorney; wife started new job making more money 2/2013, attorney gets ill, more deadlines extended), UST files motions of abuse, disallows expenses related to our college age children that are full time in college and still living at home, etc. several requests, delays by our attorney to respond, etc etc. Finally, but mid June it appears that there is no way a Chapter 7 will fly, so we convert to a 13 in early July. The meeting of creditors is scheduled for early September. Unfortunately, not only does our attorney have another case that he must attend, he fails to have filed the correct forms for the 13 so once again, it's delayed. Finally have the meeting in November and Trustee is still questioning accuracy of forms, missing info, etc. Worst part is that our attorney is a standing Trustee!!!!
The corrected forms are filed and more equestions from the Trustee. Bottom line is from the new Means, they calculate a $962 DMI (we proposed a $200 per month plan). My wife had changed jobs in February and was now earning more so they felt that using the 6 month look back as of July was no longer applicable. As of today we know that the following things will be or expecting to be happening in 2014: our tax refund will be reduced by approximately $2400 due to penalties and taxes associated with my wife having a loan on 401K when she left the job in 2013; our insurances, health and life, will be increasing by $130 per month; my annual bonus is expected to be lower or eliminated by somewhere around $1000-1500; 401K loan on my account was disallowed by Trustee due to timing but payment of $200 is legally payable and payroll deducted; we are a whole lot closer to $200 than $962. I didn't even include the extra $1050 that we had to pay out of pocket for my daughter's tuition for a required winter semester class that she needs to graduate in May as it is the only time offered and the winter session is not eligible for any financial aid.
Our hearing on the Trustee's motion is scheduled for January 16th. The attorney wants to give him the above referenced info since it relates to the Lanning decision regarding looking at actual anticipated expenses and income since the static approach would not capture our situation going forward. So, I am wondering if based on all of the delays and incompetence, would it be better to have our current 13 petition withdrawn before the end of 2013 and at the beginning of 2014, file a new, clean and accurate petition that captures all the relevant information? I never would have thought that 16 months later we would still not be confirmed yet as the delays by our attorney and his paralegal have easily added 5 months or more to this process.
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