melymom
05-08-2009, 04:29 AM
OK, so I went to the attorney at the end of march because my husbands hours were being cut and our bankruptcy payment is 211 a week. I told them we wanted to forfeit one of our cars to reduce our payment. I called yesterday to see why we have not heard anything and was told that the motion for modification wsa just sent in on may1!!! So, when i asked why it took so long, i was told that it was lost on someone's desk. I do not have the money to pay my current daily bills and this big bankruptcy payment and they said it could be 30-45 days before a hearing to reduce it. What do I do now??? Should I file for dismissal and try to refile later or what? Please help! I am out of options!
Mark80
05-08-2009, 04:42 AM
Are you using an Attorney to help with this modification?
melymom
05-08-2009, 05:25 AM
yes, I am using an attorney but they are not doing a very good job! they are the ones that took over a month to even file my papers for modification and now they say it could be another 30-45 days before the payment is cut. meanwhile, we do not drive the car that we are surrendering and it is sitting in the yard uninsured. I was told when i went in that by now the payment would be reduced.
Nicollette
05-08-2009, 06:31 PM
yes, I am using an attorney but they are not doing a very good job! they are the ones that took over a month to even file my papers for modification and now they say it could be another 30-45 days before the payment is cut. meanwhile, we do not drive the car that we are surrendering and it is sitting in the yard uninsured. I was told when i went in that by now the payment would be reduced.
I just recently went through the same thing as surrendering my vehicle, and modifying my plan to reduce my payments. I surrendered the vehicle that was included in my plan, so I could purchase a newer vehicle. The paralegal at my attorney's office filed the motions, and any creditor objecting had 20 days from the date of filing to file an objection. Since no objections were filed, the BK judge signed off on my motions on the 23rd day because they had to allow mail time for any creditor that might had objected. If they were objections that couldn't be resolved out of court, then the paralegal said there would be a hearing anywhere from 30 to 45 days from the date of filing. So from my experience, as long as there are no objections, it wouldn't take the 30 to 45 days. I was able to go purchase a newer vehicle on the 24th day, and since I had to allow time for payroll to receive my lowered wage deduction, the Trustee's office reimbursed me that extra money that was still being taken out of my check until payroll received my new wage deduction.
Nicollette
05-08-2009, 06:39 PM
Also, I had 30 days from the date the BK judge signed my motions to surrender my car. The creditor for my car has 90 days from the date the motions were signed, to sale my car and file a claim to be paid for the deficiency balance.