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At a loss and out of ideas

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    At a loss and out of ideas

    Colorado 2017 our house burned down and we lost everything. The only house we could find was higher rent. Months later I get demoted in a political coup and lose roughly 27% of my net income.

    2018 we're under so many garnishments and threats of pending new ones we can't afford to live. We go speak to an attorney. We don't qualify for Ch.7 because we make too much on paper even though our net is about 62% of our gross. We reluctantly file Ch.13.

    After a year of borrowed vehicles (we surrendered all of ours) we apply for a new car. 7 months later, still waiting for trustee approval. In the interim, got a very used vehicle from a buy here/pay here with a new retirement loan. Attorney contact starts to drop off.

    2019 get evicted for getting behind on rent between our revolving bills and the trustee payment that is roughly 25% of our monthly net. Can't find a new house that doesn't want 2 months salary in deposit even though we still have bills, the trustee, and cost of living depleting our income the first week of the month. Three months later and still homeless, quit both our jobs just to cash out retirement and vacation just so we can get a place to live. Also get a notice from the trustee that our payment is increasing because my first retirement loan should be paid off by now.

    16 months in and I haven't heard from the attorney, his legal assistant, or his office except for one brief email reply that was little more than a sympathy card in 4 months.

    Is this normal?! Should I start looking for a new attorney before my notice at work runs out? Should I file a motion to dismiss so I at least control my own money and take my chances with the creditors?

    #2
    First, welcome to BKForum. Second, it's so hard to hear this troubling news without wanting to send you some hugs.

    Originally posted by Justbaroz View Post
    16 months in and I haven't heard from the attorney, his legal assistant, or his office except for one brief email reply that was little more than a sympathy card in 4 months.

    Is this normal?! Should I start looking for a new attorney before my notice at work runs out? Should I file a motion to dismiss so I at least control my own money and take my chances with the creditors?
    You should hound your attorney if it means sitting on their doorstep. By hounding them, I mean call them 2-3 times a day and ask for an appointment to sit down and determine your next steps.

    Your next step is likely to either file for a hardship discharge of the Chapter 13, or voluntarily dismiss the Chapter 13. At that time, after dismissal, then regroup and come up with a plan. You really need a plan and your attorney should be able to help you fashion one with the least amount of risk.

    You can always continue to ask questions here! We have a lot of people who have experienced a myriad of problems before, during and after their Chapter 13s.


    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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