What should we do??

[tedrow]

We are currently 2-1/2 years in a chapter 13 and are looking to convert to a chapter 7 since we can't afford our payments. I can't seem to get any straight answers from my current atty. I call the office the paralegal says she will have the atty call me back....2 weeks and several emails later....still No Answers! I'm so frustrated! They have already been completely paid for in our Chapter 13 and last time I actually got an email from the atty he said he would need an additional $1000.00 to convert. Which is fine as long as I can pay it in installments...I'm currently unemployed, we have a 3 month old and my husband's paycheck is less than my unemployment after health insurance and his child support is taken out. We are close to 2000.00 behind in payments...so its just a matter of time before we get dismissed. I just don't know what to do? Should we try to hire another lawyer or just keep waiting/calling/emailing our current atty? Any ideas?

[justbroke]

We are currently 2-1/2 years in a chapter 13 and are looking to convert to a chapter 7 since we can't afford our payments. I can't seem to get any straight answers from my current atty. I call the office the paralegal says she will have the atty call me back....2 weeks and several emails later....still No Answers! I'm so frustrated!

yeah, most Chapter 13 attorneys seem to disappear after confirmation.

They have already been completely paid for in our Chapter 13 and last time I actually got an email from the atty he said he would need an additional $1000.00 to convert. Which is fine as long as I can pay it in installments...

Make sure you get detail of what that fee covers. If it's only for filing and attending one 341 Meeting... you need to think about any issues you may have.

I'm currently unemployed, we have a 3 month old and my husband's paycheck is less than my unemployment after health insurance and his child support is taken out. We are close to 2000.00 behind in payments...so its just a matter of time before we get dismissed. I just don't know what to do? Should we try to hire another lawyer or just keep waiting/calling/emailing our current atty? Any ideas?

Even if you call another attorney, they will shy away until your attorney "releases" himself from the case. If you have the time and energy... go down to your attorney's office and sit there until s/he walks in.

Besides, it's probably best to wait for the Trustee to make a motion to dismiss. That way you can save up some more money to pay your attorney. Then you can convert before the dismissal.

[lrprn]

I just don't know what to do? Should we try to hire another lawyer or just keep waiting/calling/emailing our current atty? Any ideas?

Get off the phone and email. Make an appointment for a face to face meeting THIS WEEK. If they can't get you in this week, then march down to the office on a non-court day and sit there until your attorney sees you. This is serious stuff, especially since you are already behind on your Ch 13 payments. Your case could be dismissed - this is *not* what you want to happen.

Ch 13 attorneys represent you for the life of your plan, although doing more than the minimum may cost you extra. Your lawyer is falling down on the job here. GET GOING!

If you can't get your lawyer to connect with you even if you go to the office, then that's abandonment and a breach of lawyer ethics. You need to report him/her to your local legal disciplinary agency - here's where to do that in your state - http://research.lawyers.com/Reportin...iolations.html. Scroll down to your state and click the link. Contact the agency immediately if you are still getting the run-around after this week.