Hello. At my wits end and out of the country for 3 more weeks and don't know what to do.
First off thank you for reading... Today I found out my plan was dismissed due to delinquent payments. My atty has consistently been late with notifying us on plan changes. Which has been pretty frequent the past few years btw.
Last spring our plan had to be modified to add tax debt from the previous year. At that time the trustee agreed but stated we needed to add more unsecured debt if allowing tax debt in. So our planned payment went up. We signed the modified plan in June 2013 and started making the increased payment immediately. In ~January this year we received notice from the trustee that they filed a motion to dismiss for delinquent payments. We didn't know why so of course we called our atty and was told yes you're late just pay it. Please note our atty is has consistently taken days/weeks to respond to us if at all.
We did not agree we were late and the atty couldn't detail why so we called the trustee’s office. We were told that our plan payment went up in April 2013 and we were short for April and May and in June payments were as planned. So we sent a copy of the modified plan showing we signed it in June and immediately made the payment. We then got the "it's your debt, you’re responsible, be accountable" and basically suck it up. We are delinquent ~2400 dollars btw.
We were not able to get the payments current so we discussed with the trustee’s office to send additional money each month to equal the $2400 in the remaining payments and was agreed upon verbally. For the past 3 months we have paid an extra $300 and on track to settle the shortfall by end of plan.
Then out of nowhere my atty emails me and said at court Monday (which I was not aware there was another court date) that our case was dismissed for being late... I'm freaking out right now. I only have seven payments left (March payment sent last Friday).
On top of this as you can read above our atty said let me know if you need help refiling... WTF???? I'm so angry I can't see straight. We have done everything that has been asked from us. All we have ever wanted was to have consistent payments and to let us make the payments to the end. I can't count how many times it’s went up and/or down. It feels like every 4 months something had to be changed. I feel like our legal representation hasn’t represented us and I don't know what to do?
First I need to finish this plan as we are so close to the end. Secondly I would like to know if there is any legal recourse against the atty? I know negligence will be very hard to prove, but feel like I have to do something. I am being railroaded and feel like I have to just bend over and take it. There’s no way this can be possible. Why would they let the plan go with only 7 months left? We have paid over 100k into this plan….
First off thank you for reading... Today I found out my plan was dismissed due to delinquent payments. My atty has consistently been late with notifying us on plan changes. Which has been pretty frequent the past few years btw.
Last spring our plan had to be modified to add tax debt from the previous year. At that time the trustee agreed but stated we needed to add more unsecured debt if allowing tax debt in. So our planned payment went up. We signed the modified plan in June 2013 and started making the increased payment immediately. In ~January this year we received notice from the trustee that they filed a motion to dismiss for delinquent payments. We didn't know why so of course we called our atty and was told yes you're late just pay it. Please note our atty is has consistently taken days/weeks to respond to us if at all.
We did not agree we were late and the atty couldn't detail why so we called the trustee’s office. We were told that our plan payment went up in April 2013 and we were short for April and May and in June payments were as planned. So we sent a copy of the modified plan showing we signed it in June and immediately made the payment. We then got the "it's your debt, you’re responsible, be accountable" and basically suck it up. We are delinquent ~2400 dollars btw.
We were not able to get the payments current so we discussed with the trustee’s office to send additional money each month to equal the $2400 in the remaining payments and was agreed upon verbally. For the past 3 months we have paid an extra $300 and on track to settle the shortfall by end of plan.
Then out of nowhere my atty emails me and said at court Monday (which I was not aware there was another court date) that our case was dismissed for being late... I'm freaking out right now. I only have seven payments left (March payment sent last Friday).
On top of this as you can read above our atty said let me know if you need help refiling... WTF???? I'm so angry I can't see straight. We have done everything that has been asked from us. All we have ever wanted was to have consistent payments and to let us make the payments to the end. I can't count how many times it’s went up and/or down. It feels like every 4 months something had to be changed. I feel like our legal representation hasn’t represented us and I don't know what to do?
First I need to finish this plan as we are so close to the end. Secondly I would like to know if there is any legal recourse against the atty? I know negligence will be very hard to prove, but feel like I have to do something. I am being railroaded and feel like I have to just bend over and take it. There’s no way this can be possible. Why would they let the plan go with only 7 months left? We have paid over 100k into this plan….
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