Trustee, oblection to confirmation [Archive]

blizzard07

11-03-2009, 11:25 AM

Hi, please help.

We started our chapter 13 back in Jan 14, 2009. Upstate NY

Our Lawyer is a joke. So please help.

We are also doing a lein strip.

We are self employed and lost our stream of revenue back in August and we are now in November coming back alive and will have money to catch back up very quickly.

In July our first mortgage added a bunch of fees and made some mistakes with the trustee. I met with my lawyer back in the middle of July. He agreed they were mistakes and that he would take care of them. They raised our payment $90 per month for 60 months and they made us pay the difference for the first five months all at once.

We fell behind with our chapter 13 trustee. We also found out that our lawyer never did anything at all about the mistake and forgot all about it. Our confirmation date is next week, November 10th.

The trustee filed an "objection to Confirmation" for owing $1,427.50 But if our lawyer fixed it like he said he would, it would only be about $660.00
Now of course, our lawyer is not calling us back.

Once he finally does, what can we do? We will have all of the money in about three weeks. We do not want to lose our house!

Also, if we did confirm, would we have been locked into the wrong higher payment because our lawyer did not do anything about it?

Thanks so much in advance

lrprn

11-05-2009, 08:20 PM

Unfortunately there are too many "what if's" here to hazard a guess. Every lawyer/trustee combination is too different to know what will happen in your situation.

If you have issues with your lawyer, then you need to deal with those issues directly and honestly in a face-to-face meeting with your lawyer as soon as possible. If after that meeting you still feel you have been misrepresented, you can file a complaint with your state's agency that deals with lawyer misconduct - look up your state here - http://www.abanet.org/cpr/regulation/directory.pdf

Good luck getting everything straightened out as quickly as possible.



	Bankruptcy Forum > Before the Discharge > Chapter 13 > Trustee, oblection to confirmation PDA Trustee, oblection to confirmation blizzard07 11-03-2009, 11:25 AM Hi, please help. We started our chapter 13 back in Jan 14, 2009. Upstate NY Our Lawyer is a joke. So please help. We are also doing a lein strip. We are self employed and lost our stream of revenue back in August and we are now in November coming back alive and will have money to catch back up very quickly. In July our first mortgage added a bunch of fees and made some mistakes with the trustee. I met with my lawyer back in the middle of July. He agreed they were mistakes and that he would take care of them. They raised our payment $90 per month for 60 months and they made us pay the difference for the first five months all at once. We fell behind with our chapter 13 trustee. We also found out that our lawyer never did anything at all about the mistake and forgot all about it. Our confirmation date is next week, November 10th. The trustee filed an "objection to Confirmation" for owing $1,427.50 But if our lawyer fixed it like he said he would, it would only be about $660.00 Now of course, our lawyer is not calling us back. Once he finally does, what can we do? We will have all of the money in about three weeks. We do not want to lose our house! Also, if we did confirm, would we have been locked into the wrong higher payment because our lawyer did not do anything about it? Thanks so much in advance lrprn 11-05-2009, 08:20 PM Unfortunately there are too many "what if's" here to hazard a guess. Every lawyer/trustee combination is too different to know what will happen in your situation. If you have issues with your lawyer, then you need to deal with those issues directly and honestly in a face-to-face meeting with your lawyer as soon as possible. If after that meeting you still feel you have been misrepresented, you can file a complaint with your state's agency that deals with lawyer misconduct - look up your state here - http://www.abanet.org/cpr/regulation/directory.pdf Good luck getting everything straightened out as quickly as possible.