Sick and Tired of Worrying due to lack of communication

[quietsound]

I'm done with this whole thing!

My confirmation hearing is suppose to be 3/6 on chapter 13 but trustee objected cause a few creditors were listed wrong (supposedly), we went in to the lawyers office on 2/19.........signed papers saying that the cards in question were not used jointly. We were told by the lawyer that this would be enough to confirm the plan. The papers we signed were submitted on 2/20 and here it is 2/28 and not one word. PACER still shows turn down from 2/9, no filing of paper being received, nothing said about anything being considered, etc.

In the lawyers office I say to him. We don't have to go to this confirmation hearing, do we? He says NO NO NO. and he will be in touch about the other. Nothing, not one word. If the trustee turns down the signed affidavit, then we will add it in. nothing. heardnothing.

Sent an email to him on Sunday, a question on what method to file taxes (getting refund), asked about that, and questioned about if we can keep it (we should since it was added in as income for future refunds) and then I say, when will I know if the trustee will confirm the plan? Nothing, not one word,

So i call the IRS and they tell me that it doesn't matter what method i use to file it. that yes i can file electronically and it can electronically can be put into my account. a chapter 13 does NOT stop that.

So i filed my taxes the way i always do. still nothing from the lawyer. so if it's all wrong, too bad.

I know he thinks i'm a big pain in the rump. I bother him too much with too many issues and most get ignored.

I have no intention of going to this confirmation hearing and if he wants me to he will have to call me and tell me what's what. if he wants to get paid he will have to call me.

I do not understand why these lawyers do NOT communicate and feel it best to ignore their clients. yes maybe they do file 2500 cases but i have never filed a case before. the bedside manner of some of these lawyers are just not acceptable in my book.

[helpless]

Sorry about your problems. I consider myself lucky because whenever I email my lawyer, she always emails back. I have to admit we were just plain lucky. We didn't research bankruptcy before filing (which was a mistake) and she was the only lawyer we talked too. Hopefully all will work out.

[quietsound]

I'm just complaining I realize this. I'm just tired. A few creditors were listed wrong , they were listed, it was that they were classified wrong. and i'm being blamed for it i feel even though the credit report said what i put down there. I blame the lawyer because after all, he pulled a credit report and went over things. so my question is: if it was so important, why didn't HE catch it? shouldn't it have been caught when he went over it. that's the real thing here.

Plus I'm tired of not being answered.

[po man]

I once had this occur with a divorce attorney. Attorney's still have standards they have to meet. Things just were not getting done the way they were suppose to...like nothing. After retaining a new attorney a few months later I was not busy at work, I decided to send a nice complaint email and explain the run-around I had gotten. I was refunded $4300 of a $5500 retainer from the trust. The complaint went before the firms board. Not that it would even apply to BK, but I would not put up with s@#t without attempting a refund. Make them correct it FREE. Just a thought...lol.

[quietsound]

I'm just frustrated and i don't like it when people ignore me............If a person has no news to tell, that's one thing, then communicate that there is no news ...but when a person asks for details and then you are ignored, that's quite another.

[DOA]

I'm just frustrated and i don't like it when people ignore me............If a person has no news to tell, that's one thing, then communicate that there is no news ...but when a person asks for details and then you are ignored, that's quite another.

My best advice, learn some patience. This system works on their time schedule, not yours. I have had all the same issues and still have them ongoing right now. I made payments for a year almost before the plan was confirmed. YOU are the one asking forgiveness, not the lawyer, trustee, or judge. I had t wrap my head around that finally. Now to post a new rant of my own.

[quietsound]

and that's fine, and i can be patient but it would have been nice to be told what YOU just told me. To me, when people don't address things, it makes me feel as though they are hiding things or have bad news they dont want to tell. If someone told me what you did, i would not BE in a panic..

You have been making payments for ONE YEAR and at the time you were not confirmed. sheesh!

[DOA]

and that's fine, and i can be patient but it would have been nice to be told what YOU just told me. To me, when people don't address things, it makes me feel as though they are hiding things or have bad news they dont want to tell. If someone told me what you did, i would not BE in a panic..

You have been making payments for ONE YEAR and at the time you were not confirmed. sheesh!

You and I are not so different, as I too consider no news to be hiding something. My attorney wouldn't return calls, or reply to emails for sometimes 3 weeks I finally got it through to her that I HAVE to be kept in the loop. So PACER became my new friend. It's like a game of tennis, the trustee lobs an objection, and your attorney returns a response, then the court clerk sends out a note, the trustee volley's again and so on until you get confirmed or dismissed. So anything that has any bearing on your case will be on PACER. I'm waiting for a slow judge to follow through on his courts actions right now, and it's been 3 weeks since the notice, and 11 days since the deadline passed. But I'm sure he is busy watching Judge Judy or something and doesn't have time today to finish what was started yet.........so I wait some more, get some more gray hair, and pray I live long enough to get through the plan.

[quietsound]

but the thing is, we signed this affidavit on 2/19 and it is not even being shown on pacer...it's not being shown as received, nor is it being shown that a decision was made ON the thing we signed at the lawyers office. that's what gets to me. can this mean they didn't get it, he didn't (the trustee) even LOOK at it yet. it's just frustrating.

did you have to go to your confirmation hearings or did your lawyer just go

[DOA]

No, I did not go to my confirmation hearing.

[quietsound]

did you have to go to ANY hearings besides your 341?

[DOA]

did you have to go to ANY hearings besides your 341?

Yes, the one where they dismissed my chapter 7 and converted it to chapter 13. Then, another 341 hearing.

[quietsound]

well, i found out that the trustee doesn't want to make a decision ...meaning he wants the judge to decide whether he should follow what his credit report says or whether he should go by our signed affidavit.....he wants the judge to decide whether we need to change the status of the creditors from individual to joint or whether he should go by our signed paper.

so the question before the judge is: do we add in those additional creditors as joint or do we leave it as it is and keep them individual. why WE have to go is beyond my understanding. they have the signed notarized paper .

this is mean but i don't give a rats behind if they add them in or not.

I feel it's a waste of time to be honest. this judge is going to tell us to add them in. I cannot see him going against what the wishes of this trustee are which is to add them in.

I myself am SICK, i have been throwing up all day with this stomach bug and i'm sure this stress is NOT helping.

can someone tell me the worst that can happen.

[SinkingFast]

I gotta ask, Quiet,........... Is this Trustee a new Trustee??

You are the only one who's posted about having this type of problem. In fact, until you posted about this issue, I had no idea that Trustees paid Joint held CC's at a different %'age than Individual held CC's got.

The reason I ask if this is a new Trustee is,........... Our Court here has had some similar types of issues. One of the Ch 7 Trustees is relatively new. She's a younger, unmarried woman, with no children. She's been on a "learn as you go" plan with BK Filers. While it's quite a bit better now, when she first started, she wreaked havoc for Ch 7 filers.

[quietsound]

no he's not new.
the reason why it's different % rate is because in my state if your married filing jointly the house is deeded tenants in its entirety which means that just the JOINT creditors are required in a chapter 13 to be paid back. our income is such that in our plan all joint creditors are being paid back at 100%.........in that case, since joint are getting paid back 100% then and only then can the "individual unsecured creditors" can also get a percentage. in a chapter 7....joint would get paid back at 100 percent and in a chapter 7 these individual accounts would get ZIP. but in a 13 since we are paying 100% joint, the unsecured individuals are getting 1%.................THIS is a big difference from 100% joint to 1% unsecured individual. that's why this is an issue. because all joint has to be paid at 100% according to this plan we are in.

the credit report in which I used to list debts listed those creditors that are in question now as individual and authorized user and NOT joint. and the trustee says it's joint. although these cards were NOT used jointly tjhis is the whole reason for this crap.

I don't care IF they are changed to JOINT in the plan!!! it would amount to an extra payment. I myself don't give a rats behind because i want this over with.

but NO, i have to go to court on tuesday and let a judge decide to either add them as joint or leave them as individual.