Called attorney today and I'm NOT happy!!!

[jane taylor]

My husband and I are trying so hard to be proactive and take care of our business. I talked to our paralegal today about my husband's upcoming surgery and the possibility of skipping one month's payment. She said that the trustees in our area do not do suspensions for any reason and they we could just take our chances on him filing a motion to dismiss if we do miss a month. She said that in some cases they will not dismiss a case if people have been paying, but it's just the chance we have to take.

We do not have the 20% to cover what insurance won't pay and there is no way we will have it by next month. I do not know what to do. We have no family support, no savings, etc.

Right now I am so angry at her cavalier attitude!!! Any advice?

Thanks!
jane

[Minnymouth]

JANE,

Can't remember, did you file pro se????

If so, contact the Trustee immedicately yourself........... explain the situation that you have to produce the 20% upfront payment on the medical expenses... I'm sure they will adjust your Chapter 13 accordingly.....

I'm sure he will want receipts, etc. so be prepared to present them too him when asked for them afterwards...... he may even want info regarding the hospital/doctor also.....

Not all paralegals are as smart as some, and many are unaware of the procedures in Chapter 13...............

Many Chapter 13's are altered for medical reasons, braces for kids, purchasing auto, etc...... yours should be no different....

That's one reason why they are paralegals and not attorneys.......... lack of knowledge.....

Keep me posted,

[jane taylor]

Hi Minny!

We used an attorney, supposedly the best one in our area who also has a good relationship with the trustees. His paralegal told me that none of the trustees in our town does suspensions and the best we could hope for is that our trustee wouldn't move to dismiss our case!

I know there is a solution to all of this! Guess I just need to push them a little harder.

Thanks, Minny!

jane

[13inOR]

Jane, even if the trustee wont allow a suspension, you can file to have the plan modified to accomodate the monthly payments on the 20%.

[anonymuse]

We do not have the 20% to cover what insurance won't pay and there is no way we will have it by next month. I do not know what to do. We have no family support, no savings, etc.

I'm so sorry to hear about this Jane--as if having surgery wasn't bad enough! Will the hospital work out a payment plan with you? Sounds like 13inOR has good advice--modify the plan. Sounds like a suspension is at the whim of a trustee, but modifying the plan has to go through the judicial procedure.

[lrprn]

Jane, did the hospital state you had to pay the 20% not covered by insurance up front before your husband's surgery can be done?

The reason I'm asking is that's typically that's not the case (I'm an RN in my non-BK life so have some knowledge in this area). The hospital sends the paperwork to your insurer, accepts the 80% they pay, then bills you for the remainder. Hospitals are very accustomed to working with patients with financial issues - most will work with you to create a workable payment plan after the surgery to cover the 20%. Call the hospital and ask for Patient Accounts - see what you can work out with them before trying to amend your plan. If it would help to talk privately off-board about this, let me know. Hang in there!

[Jman30]

I would ask to speak to a lawyer. The paralegal is not giving accurate information. You can always petition the court to miss a payment or two (they just tack them onto the end of your BK) or you can petition the court to modify the plan.

Don't just take the paralegals word for it. Demand to speak to the actual attorney.

[danas15146]

Jane: That really stinks. I would call and ask to speak with the attorney or call the trustee directly. It seems that something can be done to accomodate a major illness/surgery. I hope everything goes well for your husband with the surgery and both of you with getting an exception for the month.

[aa06a47]

Unfortunatly, it depends on the trustee. I would think if they are unwilling to suspend the payment for a couple of months to pay for the surgury, you should be able to amend the plan for medical expenses. Everything I have read indicates the trustee is not "authorized" to suspend payments, though as a matter of practice, I understand they have in the event of an emergency. The paralegal you talked to is just ignorant in my opinion telling a client to spin the wheel and see if they win or not.

You have too much to lose to not try and get this handled with everybody on the same page (you, trustee, ect).

[Minnymouth]

The Trustee nor the attorneys have the final say in whether a plan can or cannot be modified..... it can be presented to the Judge for his ruling.......
The Judge still commands the Court...... not the Trustee.......

Talk to your attorney about this, not the paralegal.........

Send word to your attorney that a problem has come up and that you need to speak with him with 24 hours.......

HE IS IN CHARGE of your case, not the paralegal..... you need your answers from him......

Keep us posted.

[anonymuse]

I'm not sure of what the training a paralegal goes through, so I don't want to disrespect their position. However, one thing for sure, they didn't go to law school and that's what you're paying your attorney for so that's the only answers I would trust.

[jane taylor]

Thank you all so much. I will call the attorney this afternoon or tomorrow morning. I'm sure I've developed a reputation at that law firm of being a pain in the neck, but hey, it's my life and my money. They are working for me! We are doing everything by the book and I am praying that the trustee and judge are reasonable enough to see that (although I would not bet anything on it!).

Thanks again and I will keep you posted!

jane

[Jman30]

Thank you all so much. I will call the attorney this afternoon or tomorrow morning. I'm sure I've developed a reputation at that law firm of being a pain in the neck, but hey, it's my life and my money. They are working for me! We are doing everything by the book and I am praying that the trustee and judge are reasonable enough to see that (although I would not bet anything on it!).

Thanks again and I will keep you posted!

jane

Jane, I am happy to hear that you will call the attorney. Don't feel bad - I've developed a reputation at my lawyers practice as a real pain in the neck too. Sometimes when I call, I can hear the receptionsist *sigh* as she realizes it is me. LOL But like you, I am paying them so they can deal with me for awhile.
I also think my attorney has come to respect me. Normally when I call, I have a legitimate question or concern. I don't just call to ask a "stupid" question. Between this board and other sources, I am usually pretty well informed by the time I call him. I think he actually appreciates it!