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Advice much appreciated here!

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  • Advice much appreciated here!

    Good morning everyone.
    1. My Chapter 13 case has not been confirmed. The Trustee called a hearing yesterday with a judge over objections she had to my attorney's filing. He had my address wrong as well as head of household status. That is just the beginning. He had creditors listed that I paid off long ago.
    2. The deadline expired for claims. I had only three out of all my previous creditors: IRS, California Franchise Tax Board and a vendor. The total dollar amount is around $42,000. The vendor claim is $17,000.

    When we filed, my attorney told me my payment would be $400 per month. After the 341 hearing, he raised it to $685 per month. Then in July, he told me it would be $900. Now he is telling me my monthly payment is around $700. I told him in late July I wanted to voluntarily dismiss. He asked me to hang on until the claims came in.

    The district I live in, Eastern California, has the highest percentage of PRO SE filings anywhere in the system. After dealing with my attorney, I can see why!

    I believe I should have some hope this case will be confirmed before I pay another cent.

    Would you folks pay as I have been told, or would you quit this case and move on? Thanks!

  • #2
    Including old (unsecured) creditors really means nothing, and your address does not impact the case in a truly bad manner. Most attorneys go by whats in your credit report and the software simply includes everything in the report. I actually objected to a creditor from an account which was 20-years past due, which was not even mine, and the Judge "advised" me to just let it stay because it would be discharged and that would remove any question on whether it could ever be collected. I can't even address "head of household" status because it is irrelevant to a Chapter 13 (it's a tax status only).

    My math shows $700 X 60 (month plan) = $42,000. That makes you a 100% plan. If you're in a 100% plan, it's not going to matter if you refile, as you'll still be in a 100% plan.

    While ED California may have a high percentage of Pro Se filings, for Chapter 13 the number which get confirmed is typically less than 30% and virtually 0% of Pro Se Chapter 13 filings make it to discharge. There's probably a reason for the former and the latter.

    You'll need to gauge just what dismissing will bring. Imagine that you dismiss, and refile on your own, and then all your creditors file a claim. Now you just wasted money because you're back to $900/month or worse.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog


    I am not an attorney. Any advice provided is not legal advice.

    Comment


    • #3
      Many thanks, Just Broke!
      You've given me more info in 1 paragraph than multiple meetings with my attorney.

      Comment


      • #4
        It appears that your biggest creditor is the tax board and there will be no real way working around that issue. Is there a different outcome that you expected? What is the real problem with the attorney other than a couple of inconsequential errors? The Trustee will almost always object to a Chapter 13 confirmation. In my Chapter 13, they first objected over silly things that didn't even make any sense, and withdrew their objection prior to the confirmation hearing. Every Chapter 13 must go to a confirmation hearing.

        Your case actually reads to be simple. I don't know what specific issues you have with the attorney, or if there are some underlying issues in your Chapter 13.
        Last edited by justbroke; 09-08-2017, 12:45 PM.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog


        I am not an attorney. Any advice provided is not legal advice.

        Comment


        • #5
          I agree with justbroke. Filing a new Chap 13 could be a big mistake as more creditors may file in the second case.

          It is not bad to include creditors in your petition who you no longer owe. Including them on the petition leaves no doubt that they cannot later assert a claim if they don't file a claim in your BK. If they did file a claim, you would have objected.

          It is very common for the plan payment to change before confirmation, especially if your DMI is sufficient to pay 100% of anticipated claims, but not all creditors file.

          The address error is unfortunate, but easily fixed. Take it as a lesson to always review everything before you sign it. You know the details of your case better than anyone else and are best able to spot those kind of errors.

          Keep in mind that if you were to dismiss your current case and refile, you would then have 2 bankruptcy on your record. Unless there is something we are missing, there doesn't seem to be any reason to do that. You may be unhappy with your attorney, but once your plan is confirmed, most of his work will be done unless you have significant changes to your financial situation during the plan.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


          • #6
            Good morning, everyone, and many thanks for your thoughtful answers.
            The picture has changed since I last visited here. I have asked my attorney to get this case confirmed. You folks are quite right about the error of starting everything over.
            This is a 100% repayment case, which raises some new questions:
            1. Is the trustee less concerned about "disposable income" in a 100% case?
            2. Is there a possibility this type of case could be paid off early?
            Many thanks again!

            Comment


            • #7
              Originally posted by Eauchiche View Post
              1. Is the trustee less concerned about "disposable income" in a 100% case?
              The supermajority of cases and Trustee don't care about DMI in a 100% case. You are required to pay 100% and that must be done over the life of the Chapter 13. The caselaw is pretty solid on this.

              Originally posted by Eauchiche View Post
              2. Is there a possibility this type of case could be paid off early?
              A debtor can always payoff a case in advance if they can pay 100% of the allowed unsecured claims.

              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog


              I am not an attorney. Any advice provided is not legal advice.

              Comment

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