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What is my course of action?

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    Question What is my course of action?

    Hello,
    I want to know what I should do?
    I filed chapter 7 almost 7 years ago and recently did a chapter 13.The only reason I did the 13 was, bcos I couldnt do a 7 and also to save a work truck from repo.
    The attorney was paid 1400.00 cash and he filed all paper work and showed up for my creditor meeting.Unfortunatley before we could do the final step for the court hearing,the truck was totaled and the insurance company paid off the truck.
    The truck being totaled I lost my job and no longer could pay the court the 13 payments so a default was entered and my case was dismissed.I still owe a few credit cards money and they have not tried to collect as of now.
    The bankruptcy attorney sent me a letter stating that I still owe him 2000.00 for the chapter 13 he filed.The attorney has sent me notices to my home for collection for a few months now,and wants me to sign a agreement for payment.
    I have just found out that he is trying to serve me for a civil suit via a certified letter.
    The uncertified letter I have recieved in the mail says nov 15.
    What should I do ?
    Thankyou
    Joe

    #2
    pay up
    Filed chapter 7 on 9/17 341 on 10/20
    Chapter 7 Trustee's Report of No Distribution on 10/21
    Discharged and Case Closed on 12/21/2010

    Comment


      #3
      You're lucky that your attorney was willing to accept payments - most wouldn't - and given you ignored the letters, it may be impossible to try to work something out with the lawyer at this point. I'd call the attorney and ask if the payment option still stands, then sign it and pay him what he's due.

      Lesson learned...

      Comment


        #4
        Thats interesting. My attorney said that he is a claimant just like any other creditor and if we were dismissed, he wouldn't be able to collect. He said he would lose whatever he didn't get. I must have misunderstood.
        Filed 09/08/10, $26k unsecured. Plan submitted 09/16/10, $250/mo X 36 Months = $9,000.
        First Payment: 09/28/10 341 Hearing: 10/12/10, Confirmation: 10/28/10
        2nd debtor education course taken: 02/05/13. DISCHARGE: 10/10/2013.

        Comment


          #5
          Originally posted by teddybeardj View Post
          Thats interesting. My attorney said that he is a claimant just like any other creditor and if we were dismissed, he wouldn't be able to collect. He said he would lose whatever he didn't get. I must have misunderstood.
          All claimants can collect after a dismissal. It's back to square one for the filer as far as debts owed. I'm not getting why your attorney would say that he couldn't collect if your case was dismissed. (Discharged, yes)
          Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
          I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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