Modification of plan/hardship discharge

[lsutton1974]

I don't know if I would be able to do this or not. We are 1.5 years into a 5 year plan. Have had a baby and both changed jobs, now after montly expenses we are $100 in the hole and that is before the plan payment. We filed Chapter 7 in 01 so a conversion is not possible. Any ideas? Of course I called my attorney and he just wants me to come in and can't, I got a new job I can't miss any work.

[chpxiii]

Is there any way your attorney will meet with you on a Saturday? I've known some attorneys who do so and have met with one myself on a Saturday. (But for something completely unrelated to bankruptcy.)

[lrprn]

I don't know if I would be able to do this or not. We are 1.5 years into a 5 year plan. Have had a baby and both changed jobs, now after montly expenses we are $100 in the hole and that is before the plan payment. We filed Chapter 7 in 01 so a conversion is not possible. Any ideas? Of course I called my attorney and he just wants me to come in and can't, I got a new job I can't miss any work.

Your circumstances have changed permanently, so your lawyer wants to meet with you so he can put together an amended plan.

How about arranging a phone call with your lawyer during your lunch hour while your husband goes to the office? You need to get creative here. Your plan is going to get dismissed for non-payment if you don't get moving, and quickly.

[SinkingFast]

Is there any way your attorney will meet with you on a Saturday? I've known some attorneys who do so and have met with one myself on a Saturday. (But for something completely unrelated to bankruptcy.)

Or how about one evening during the week??

As Lrprn said, you've had permanent changes you need to get down on paper so your attny can amend your plan accordingly.

Arrange some sort of mutally agreeable time. Gather your bills and pay checks and take your documentation with you.

[lsutton1974]

They won't do evening, phone or weekend appointments, I am still making my plan payments just behind on everything else. My attorney's office is not willing to budge on a face to face meeting. I told him I would fax him whatever he needed, still not good enough. I don't know how they could amend this and for me to still be able to pay my bills.

[alwaysmordrbils]

I was sort of in the same boat as you, however my old attorney told me that I could convert to a 7. So I did the paperwork, converted, and VIOLA ....get a notice in the mail today that I need to convert back to a 13 or be dismissed. My first 7 was in 2000 and my 13's filing date was 2005 (before the old laws went away). My old attorney who doesn't do bk's anymore told me that they went by date of conversion..... wrong!!! I had filed my original 7 pro se, and started my 13 pro se until I ran into a unethical creditor so I hired my "old" attorney. Since, he has stopped doing bk's, so I did the conversion pro se based on his knowledge of bk's. (The only reason he stopped doing bk's is because he switched firms, and they don't want to get into bk's). Anyhow...
If I were you, I'd call the trustee's office and talk to someone there. From my understanding, from a friend who had her attorney amend the plan, he charged her to do the amendment. You might be better off handling this yourself if you're comfortable with the form and the limits that the IRS has on certain items with the new laws.
Good luck to you!!!