Some days I'm the dog, but most days I'm the fire hydrant

[Granny]

So at least your trustee knows about the potential truck sale - that's a start. You will have to have official permission from him/her to sell the truck - that's likely why the suggestion to call your incompetent lawyer.

I called the trustee today and asked if they would be interested in the equity. I will get more specific with him when I have the offer in hand.

If you are thinking about doing your amended Ch 13 pro se (you are much braver than I!), what's the point of waiting to fire lawyer #2? Has he really helped you in any way up to now? Are there any other bk lawyers close by or in the nearest bigger TX city that you can talk with to get an hour or two of advice once you get rid of #2, Granny?

I have downloaded two versions of software that are used by the attorneys, and have learned alot about how the paperwork should be completed. I'm in a big city, that borders on several big cities aka the Metroplex. I can't do an amended plan until hubby gets a job, so the dismissal may come first and then we will be scrambling again. But the Motion to Dismiss does contain the without prejudice clause, so that's already a given I think. However, I have already targeted 3 attorneys, 2 of which are board certified. But I plan to let the trustee know that if I get dismissed and have to file again, it will be in my district (and he is not my district), so without saying it, he will know that if he doesn't work with me, he will lose his cut entirely. It was such a nightmare in firing the first attorney, I am a little unsure exactly of what has to be done to get rid of #2, but I am a quick learner. I already have one court document that does just that, so it's just a matter of changing some of the language.

And please, please report both of your horrible bk lawyers to the Texas State Bar for misconduct in the practice of law and abandonment.

he he he I have tape recorded every telephone conversation and saved every email.

[Granny]

Well guess who replied to my email at 12:30 a.m. Attorney #2, but I was nice in my response to him. He tried once again to chastise me, but it didn't work, I told him that time was of the essence and I needed answers so I called the trustee. he he

[Minnymouth]

LOL, Believe me attorneys don't like it when you call the Trustee behind their back, and least of all when you contact the Attorney General and the Bar Association. They start getting phones calls, e-mails, etc asking "what the hell is going on????"................

Due to your age (no offense intended - I'm 59), check with your local AARP Chapter....... they offer references to attorneys that can help you....... some may even be free under Legal Help thru AARP. You might even check AARP's wweb site (www.aarp.com) for information regarding the Chapter in your area.

Yes, do something as soon as possible. Is it possible to catch the house payments up, and file Chapter 7 instead? Especially since you are going to sell the truck.

If you cannot locate an attorney, stay in touch with your Trustee, let him know what's going on. Believe me, he can "light a fire" under your attorney REAL QUICK.

If possible you may be able to file an extension with the Court until you can obtain another attorney to represent you. This could delay the dismissal of your Chapter 13.

Many attorneys (after they get their MONEY) disappear, become unavailable, and plan on doing NOTHING ELSE if they don't have too. Even the Chapter 13 ones that get paid in the plan, have a tendency to turn a deaf ear.....

Keep them on their toes, and make sure you get their attention............

Keep us posted, vent if you need too, and remember "this too shall pass" and later on you'll even laugh about it....... BUT right now - its's prority one!!!

Minny

[Granny]

Yes, do something as soon as possible. Is it possible to catch the house payments up, and file Chapter 7 instead? Especially since you are going to sell the truck.

If possible you may be able to file an extension with the Court until you can obtain another attorney to represent you. This could delay the dismissal of your Chapter 13.Minny

I'll know more after we get the offer on the truck. I'm hoping that the offer pays off the truck and then we'll make a decision. I have 3800 sitting in the trustee account right now. That's almost enough to catch up the house, so I could probably borrow the balance and convert to a Ch 7. It just all depends on what the trustee would do with that money and how quickly he would disburse it. If he pays the IRS, it doesn't do me any good. But if he pays Chase or me, well then converting is a real possibliity. I can deal with Uncle Sam much more efficiently than the attorney. Those taxes are not dischargeable in any case and I am prepared to deal with them.

Hubby just came in, the guy wants the truck and is putting together an offer. Yipee!!! We'll have a firm offer on Monday. Keep your fingers crossed.

[Granny]

Update--Today I'm the Dog!!!

Attorney filed amended the plan to surrender the truck. Payment dropped immediately to 220.00. Next payment is due tomorrow, we can make it. Should be confirmed by end of July. All we need now is some type of a job. Surely, we can pull that off.

Told all this to hubby and he said ...are you ready..."Gee maybe I should have given up the truck a few months ago" DUH...No joke Charlie

My attorney really came through this time, I even told the paralegal that she was terrific. (imagine that coming from me)

[lrprn]

Attorney filed amended the plan to surrender the truck. Payment dropped immediately to 220.00. Next payment is due tomorrow, we can make it. Should be confirmed by end of July.

Yay!! About time you got to be the dog, Granny! I am so thrilled and relieved that things are finally going your way!! Congrats!