Lawyers won't help

[rupasntime2]

I surrenender a car in a chapter 13 about 10 months after i filed and it sat around my house for about a year because the lawyers told me they handle that. Well i called them because it was getting to be way too long for the car to sit and now months after i surrendered it like 10 or so it still looks like i am paying them for the car which i was told after they auction it the car would be unsucured and i would only owe the 10%. I am in a 13 Virginia. What is the real deal when you willing surrender a car and if i was going to keep paying for it in full why would a lawyer suggest such a thing? Any help Please.

[SinkingFast]

We need to know if you filed Old Law or New Law. That makes a difference on whether you can "Cram Down" or not.

About getting the car turned in,............

I'm not clear on your payment situation. Are you still making payments on the car?? Or is it that the Lender simply did not pick up the car when you quit making payments.

If the Lender failed to pick up the car,......... Try calling the Lender directly yourself. Tell them you have the car and want it picked up. Another suggestion for you is to have the Lender give you the name of a dealership where you can take the car and turn it in.

Whatever you do,........... If someone picks up the car, or you turn it in to a dealership,............ Get a signed and dated receipt for the car. Have the person who takes the car from you give you a statement in writing that they took the car. Maybe even note the condition, mileage, etc. CYA yourself with a paper trail just in case you ever need the documentation.

[rupasntime2]

I am under old law sorry. I gave the car back along while ago and the lawyers have it as surrenderd. But it looks like i am still paying it. Plus i sold a house that says also paid in full but still shows where i am making payments. Noting on my summary seems right

[rupasntime2]

I guess what i am saying is that my lawyers have been very unhelpful in the few years i have now been stuck with them and i just don't understand how they can yell at me, never return calls, lie and decieve me and their isn't anything i can do cause i am too poor to find a lawyer that would take my case fix and put Boleman Law Firm VA in their place.

[gunsmoke]

As long as you make your monthly Ch 13 payments, I wouldn' worry about it. Your doing your part.

[rupasntime2]

Still Need Help Please Read

Thats the problem a family of 4 with only one income paying 650.00 a month and our lawyers don't want to help modifiy the paln or help do nothing but try to get us to pay to do a convert to a 7. The lawyers keep saying we are in despute over a 1000.00$ that we should have got at the sale of the house but they had to hold if for b/s fees they say they incurred but in reality i and the ppl on my end inccured. So words get exchange not over the 1000 but over the fact that they slow moved on getting the paper work together and cost ppl atleast 1000 dollars or better and then want to rob my family for sevices they didn't do. After that and a paralegal yealling at me and me getting hot, No longer do we see eye to eye i guess you would say. The problem with the car is a year or so ago the lawyers said if i surrenderd the car it would go to auction and then i would pay 10% of whatever the final total was after it was auction and now it looks like i am paying the full price back. A few weeks back i ask them if i surrenderd my pickup truck what would happen and they told me that it would auction and then the final total i would pay in full, while someone else rides in it at a deal. So do you know the answer 10% or Full Pay? Convert to 7 to be done and if i do can i add a pay day lone place that i already gave my Van to that told me that my life had to come with it? Please any help would be greatful. Thanks

[SinkingFast]

At first, when you were talking about your "reports showing payments" for the car and house, I thought you meant Credit Reports. If that was the case, maybe all you'd have to do is dispute with the Credit Reporting Bureaus to get them reporting correctly.

But then I thought maybe you meant your Plan payments are showing these amounts.

Have you been to the NDC site to check on the Status of your plan??

https://www.13datacenter.com/index.asp

At the Ch 13 Data Center, you can see how much money has come in and who the Trustee has paid payments to.

If you're struggling with your Ch 13 and still have a long time to go,........... And if the property you wanted to protect is really no longer of interest to you,............ Then Converting to a Ch 7 may be a good answer for you.

Considering your "inter personal" problems with your current representation, you might have to seek out new Counsel to handle the actual conversion. That, of course, would mean another attny's fee. But it might just bring you the resolution you need.

Sounds like you may have every right to be upset with your current attny. And the thought of spending additional money is infuriating as well. BUT, sometimes you've gotta look past the bad parts toward your ultimate goal. It's not right that it may cost you extra along the way, but you need to focus on the final solution. Get this done and behind you so you can get on with your life.