what recourse do i have

[buckaroo]

currently made 21 payment of $560 on a 36 month chapter 13, as i have said before, living on social security and small pension, no assets whatsoever, cant seem to get attorney that was retained to return my calls, heres theproblem, 74 years old, diagnosed with cataract, need operation on them with insurance will cost me $560 dental work necesssary will cost me $3800, have not dental insurance, with total income of $2500, monthly, $560 monthly to chapter 13, do not have monies available for these medical expenses, visited a different lawyer today, says if i can support the medical expenses he would then go and attempt to get the 13 discharged, his fee for this $500 which of course i dont have, any suggestions will be welcomed

[keepmine]

With no assets and limited income, why are you in a 13?

[buckaroo]

in a 13 due to my attorneys advice, income vs expenses shows excess of $560 as i mentioned before met with different attorney today,, he suggested a hardship discharge but i dont really have faith in that

[sandhall]

I believe if you can prove the hardship with the medical expenses it would be worth it. So gather your papers and maybe speak with another attorney and see their take. we tried to a hardship but trustee converted us to a chapter 7 so go for it

[FreshLikeADaisy]

Buckaroo, I'm with Keepmine on this. I think if you were to get the opinions of a couple of different attorneys you would find you are eligible to convert to a Chapter 7, even if you don't want this one atty to handle it for you. Which I wouldn't, not only because he doesn't return your calls but because he steered you into a 13 to begin with, when it sounds like all along you would have easily qualified for a 7. Keep in mind that I know nothing about hardship discharges, so my thoughts on a 7 might not be best in your situation. Good luck!!!