Should I call the trustee????

[DOA]

Well, I am now officially at the breaking point. While personable, my attorney does not move at the speed I would like to see. As of now, actually since Sept 1-06, we are $400 shorter on the income due to child support modifications (All court documentation provided and sent to trustee), another $3000+ of medical bills since the first of October (again all documentation, including insurance explanation of benefits as well as copies of providers billings supplied), not to mention the fact we were $700 short of what they claimed our income was before Sept1, which we also provided all paystubs and documentation for showing the descrpincy in the schedule numbers. Along with the fact that the only horse trailer we kept was to be paid for THROUGH the plan, and it clearly staes it as such, but he does not list them as to be paid in the plan, but for us to pay it outside the plan which is IMPOSSIBBLE. I am fortunate that I had enough cash after selling a horse which they told me I should get rid of, to buy propane. And fortunatly it is an easy fall temperature wise and we have only had the stove on twice. But I am about to become upset, and take matters to the judge and trustee myself. When it's something they want you better damn sure jump through hoops and have it completed yesterday, but when it comes to the debtor, GOOD LORD, we don't have time to deal with YOUR problem, send us our money!!!!!! Yeah, like I planned on being here, health that no one can figure out, die twice in 1.5 years, and spend more money on prescription drugs than a coke addict. Hospitals say "take out a healthcare loan to pay us", DUH! I'm in BK you morons! Ok, I have vented. So, do I go call the trustee, or throttle my lawyer which only warrants an assault charge and try to rattle her brain into action. (Just playing, I would never hit a woman,.....but she is an attorney.......so does that cancel out?)

[lrprn]

Sorry to hear about your many recent troubles, DOA. Sure hope you are feeling better now.

Since your available monthly income is now significantly below what your plan states and you also have post-filing medical bills to pay as well, why in the world is your lawyer not filing an official request with the trustee to amend your Ch 13 plan? It's not the trustee's job to order a change to your monthly payment, it's your lawyer that must file the amendment request papers to get the process started!

Make an appointment at the office to talk to her face to face as soon as possible, then at the appointment tell her as politely as possible to get her keester in motion within the next week and get your amendment papers filed with the court. How long has this situation been going on?

No matter what, don't miss your monthly payment to the trustee! The last thing you need is to get an automatic dismissal of your case! If that's a possibility, then be sure to notify your lawyer. If she does nothing, then call your trustee's office right away and let them know you are having a hardship and may have to miss a payment. It's not good to miss, but far worse to miss and not notify the trustee first.

Keep us posted on what happens, ok? Hang in there!

[DOA]

Well, I called my attorney, she of course was "with a client" so I left a message for her to please call me and check her email. As I sent her an email verbalizing what concerns I had, the fact I had heard nothing for over 1.5 months and wanted something done. She never called, but sent an email sayin one line "I will email the trustee and try to call him today". Well I waited until late yesterday afternoon, sent her another email stating that if I did not hear from her by end of day (I called and knew she was in, but had clients all afternoon) via phone or email I would assume that she was unable to contact the trustee and I would go to plan B, me, taking all documentation and copies of emails where she has said she has contacted the trustee office and go camp out at the trustee office and speak to him myself. Not 5 minutes later she emailed back, said please don't do that, and has two hours blocked to work on my case today. Bout time she moved her butt. So I replied nicely that I look forward to an update as soon as she hears anything, or I will still go with plan B. Vent over.

[SinkingFast]

Sounds like your Plan B coupled with the time deadline did the trick, DOA!!

Hopefully, your attny will follow thru as promised and get your plan Ammended ASAP!!

If not, I don't blame you one bit for taking matters into your own hands.

Good Luck and keep us updated on what happens. I'm hoping you get good news in the way of a reduced payment as a much needed Christmas present!!