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Dilemma before confirmation hearing..

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    Dilemma before confirmation hearing..

    So here's the issue. My lawyer is an idiot whose voice actually irritates me when I talk to her. All the conversations go around in circles and although she can see my points and issues, she can't understand or empathize in any way. She's very curt and finite with every point. Fast forward to her FINALLY getting back to me on the questions I had on the issues with my house, my mortgage, the flood, the Trustee being a tool..all that. Even though I already spoke to a more knowledgeable (who in retrospect I regret not hiring now) who told me to essentially suck it up and take what the Trustee gives as a plan payment. The lookback they are basing it on is a job my husband hasn't worked at in three months due to health problems. He may or may not return. And if he does he'll barely be there because he's still on the fence health wise. I expressed that he MIGHT return but hasn't yet. She said and I quote "the bankruptcy court will see it as you acting in bad faith if he returns after you are confirmed." I told her I didn't know if or when he might return but if it happened to be right before confirmation (which is scheduled for the 22nd) how am I supposed to bank in maybes? Also, the lookback is ridiculous and happened during a time my husband's primary job stayed the same but his part-time skyrocketed in commissions because it was tax time so it appeared we had (based on this Trustee's seriously outdated software) $1000 extra dollars of disposable income A MONTH which if that were the case I wouldn't filing for bankruptcy. IDIOT.

    Given the fact that our circumstances have changed in the past 90 days and that income has been missing, the attorney wants to amend the Schedule I and J to reflect that money being gone. I said fine. BUT, if he does return do we inform her of that prior to the confirmation hearing to have that money be put back in our schedules only to show income we do not have or may not have at all? I don't want to appear we are acting in bad faith or get into any trouble but I also don't want income counted that isn't even in the equation right now and hasn't been in months.

    So justbroke and LadyInTheRed , you are the forum yodas..GO! Oh and everyone else, you go too!

    #2
    There's no bad faith in Chapter 13 plans, so that's interesting. You either have a plan confirmed or not confirmed. (Bad faith is in the section of the code for Chapter 7s or actually filing a Chapter 13 to hinder, delay or defraud creditors. I think that a plan is either feasible or infeasible. It is confirm-able or not confirm-able. I do know that some like to think of that as "bad faith" objections, but they are not.)

    Anyhow, I'm glad that you are updating Schedule I and Schedule J to show your "forward leaning" income as is now precedent after the SCOTUS Lanning decision. I wonder why it took so long to convince this attorney! Just so that you know, there are some attorneys that are good at Chapter 7s only, some good at Chapter 13s only, and a few that are spectacular at either. You may have the former.

    Up until confirmation, it's quite common to amend the Chapter 13 Plan of Reorganization and maybe even update schedules. That's just par for the course. I have several amendments before confirmation.
    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.

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      #3
      Originally posted by justbroke View Post
      There's no bad faith in Chapter 13 plans, so that's interesting. You either have a plan confirmed or not confirmed. (Bad faith is in the section of the code for Chapter 7s or actually filing a Chapter 13 to hinder, delay or defraud creditors. I think that a plan is either feasible or infeasible. It is confirm-able or not confirm-able. I do know that some like to think of that as "bad faith" objections, but they are not.)

      Anyhow, I'm glad that you are updating Schedule I and Schedule J to show your "forward leaning" income as is now precedent after the SCOTUS Lanning decision. I wonder why it took so long to convince this attorney! Just so that you know, there are some attorneys that are good at Chapter 7s only, some good at Chapter 13s only, and a few that are spectacular at either. You may have the former.

      Up until confirmation, it's quite common to amend the Chapter 13 Plan of Reorganization and maybe even update schedules. That's just par for the course. I have several amendments before confirmation.
      justbroke my attorney is an idiot. I think you've seen my tales of whoa with her incompetence and lack of communication. I'm almost relieved that the confirmation is so close since it's been continued twice because of the state taking so long to file their proof of claim and of course the Trustee's objection. But I'm not thrilled about having to go to the confirmation. The 341 meeting was stressful enough so to have a lawyer I'm not at all confident in and a situation that's already stressful on top of everything else that's going on in my life, I'm not looking forward to it. So I'm just glad that removing income that may or may not be part of the equation again anytime soon isn't some form of fraud. My attorney just likes to circle talk and frustrates me to even speak to her because she doesn't know gray areas, she only knows black and white. The law is the law..blah blah blah.

      I've tried to explain to her over the past three months since my husband stopped working there all together that he couldn't work there right now. I even sent the FMLA documents he submitted to our insurance company and his stubs that had $2.92 and $1.67 from that employer because he wasn't able to work anymore. I think it was because I said there was a possibility he could return. I never said when I just said he could if he got the okay from his doctor. Which he hasn't yet. The Trustee isn't budging or accepting my plan and she says that she has to call the day before the confirmation to see if he'll actually relent or accept the amended plan. If he doesn't, we go to court the next day. Meanwhile I haven't gotten the amended schedules yet. Oh yeah, life's fair..

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        #4
        Hey girl, I think I gave you my email address... lol. I posted a visitor message to your profile? See if you can find it then I'll delete it or you can delete it after you grab it.

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