Once your lawyer files the papers is there any way to stop it?

[aces67]

My lawyer went over our pay and budget figures that the paralegal provided and then had the paralegal call me and tell me that everything was okay and we were ready to file a Ch 7. He then filed a conversion with the court to convert our Ch 13 into a 7 only I know find out that the figures the paralegal has are WRONG. I mean I gave her the right numbers but she gave him the wrong numbers. If I have her fix everything correctly we will still be in a 13 b/c of too much disposable income but if I wait 2 more months everything will go through just fine.

Is it too late to stop the filing now and go back to the 13 for right now? I"m so mad about this and I can't get in touch with my lawyer or the paralegal. To make matters worse as part of the 7 we were planning to surrender dh's truck. He got paid today and I can't afford to pay the stupid truck note

His pay gets lower and lower as the months go by

[jessegirl]

How come you cannot get in touch with the attorney or the paralegal? Are they on vacation? If they are just not returning your phone calls go down to there office and wait to speak to him/her.

Also, why would you be paying the truck when you plan on surrendering it thru the 7? I am confused...

Did you ever see the conversion papers and have you signed them?

[aces67]

I have the actual papers I just recieved them yesterday and nothing on them is right. I gave the paralegal all dh's check stubs but the numbers she used for his pay are wayyyyy lower than his check stubs state.

I'm trying to keep the truck from getting repoed in the meantime.

I just can't get anyone at the law office to return my calls.

edited to add: We have not and will not be signing these papers. I don't want any surprises. I know if I sign these it will go through just fine until the trustee asks to see our paystubs and then I'm sure trouble will follow.

[StartingOver08]

You need to go to the attorney's office. Make the corrections there with the paralegal and the attorney.

You are right about not signing anything that is not accurate.

[aces67]

I don't even know what to say. I called back again today and talked to the paralegal. Of course she says the lawyer is busy and can't talk or meet with me but she will talk to him and let me know what he says.

She says that the income figures she used are RIGHT even they dh makes $1K more a month than what she reported. She says in BK 7 they don't go back actual income they only use guaranteed 80 hour a week income. Dh always gets a minimum of 7.5 overtime hours per week. So I asked her what will happen when we show up at the 341 and his paystubs reflect that he's making way more money than what you've shown? She responded that in BK 7 that DOESN'T matter it will still go through with the numbers she has. I told her I'm scared and I'd rather wait a couple more months so our income would drop lower and she said there's no need to wait b/c it will go through like it is even though the numbers don't look right and besides they've already filed so there's no going back.

I'm so scared that this is not going to go through. I'm trying hard to trust her but why in the world would they not include all our income?

[StartingOver08]

The attorney filed your petition without your signature???

[aces67]

I guess so b/c we haven't signed anything yet and she says it's been filed and there's NO backing out now.
Maybe she's confused?

So is she even using the correct income numbers?

[downsized]

I'm willing to bet it hasn't been filed yet. It shouldn't be filed until you've signed. Just having the papers drawn up doesn't mean it's been filed. And don't make that truck payment! Especially if you're going to be filing in the next few days. The automatic stay placed when your case is filed will protect it from being repo'ed.

[aces67]

I mean I'd love for it to go through just like it is b/c the 341 is only 3 weeks ago. The faster the better but not if the papers are wrong. I don't want to end up embarassed at the 341

[downsized]

You got a 341 date? Did you get other papers to be filled out for the trustee? Maybe it was filed then. If your absolutely certain it's already been filed, then your truck protected by the automatic stay, so don't worry about that payment. They can't attempt to collect nor can they come repo the truck without being in violation of the automatic stay. Maybe it's time to show up at the attorney's office and try to insist on a few minutes of his time to clarify what the paralegal told you?

[aces67]

Yes the meeting is set. I got a letter stating that's it on May 22nd along with a list of questions we will be asked. Sigh. I guess I just need to the lawyer's office unannounced and insist that he speak with me.

[LuciluS]

Very confusing???? Conversion filed WITHOUT signatures and 341 Meeting is scheduled?

I pray your Attorney knows what he is doing.

Luci

[aces67]

Very confusing???? Conversion filed WITHOUT signatures and 341 Meeting is scheduled?

I pray your Attorney knows what he is doing.

Luci

Me too! I'm scared that he doesn't. I'm afraid we will get to the 341 and the trustee will dismiss it. He can do that can't he?

[browneyes]

Just an idea,

Just an idea here, but maybe the figures were actually for the projected income, and based on that they are being conservative because overtime cannot be guaranteed? The means test is one thing, the projected income is another. Just a thought. Good luck.

[aces67]

Okay so I called the lawyer's office last Wednesday and voiced my concerns and I still haven't heard back from them. I still haven't signed the papers and now when I go to the Ch 13 trustee's website it says Close pending-Converted to Ch 7.

So everything is definitely filed and we are scheduling to go to the 341 in a week and a half. I still have tons of unanswered questions and I'm trying hard to keep my cool and not blow up.

At this point how often should I start calling and pressing the attorney for answers?

Also if my questions don't all get answered and the papers aren't in order then will it get dismissed at the 341 meeting?