should i take lawyers advice

[buckaroo]

i have posted several times re my ongoing 13 and the difficulties in getting a hold of my attorney, finally reached him and dicussed by problem, attorney said he will file for conversion to chapter 7 this was a week or so ago, hi current av=dvice wa that i not send in any 13 payment that is now due, can i believe him or will thi just et me dismissed

[bmcmull]

depends on how far behind you are. That being said I would'nt if I was current. Better make sure your atty turns in the paperwork though.

[buckaroo]

not behind at all on my 13 payments

[Flamingo]

You need to rest assured that your attorney has your best interests at heart and it takes time to prepare and file the necessary paperwork. Keep a log as to your conversations with your attorney (list date of conversation, what was said, etc.) in case you feel there may be a problem and you will have backup of things and when talked about. Your attorney would not advise you to not send in a payment if he thought there would be problems. He will handle it with the Trustee.

[buckaroo]

thank flamingo for advice, am keeping record and even have e mial from him stating not to send in payment, just concerned in that dont really have confidence in attorney ever since delayed 13 filing for almost one year again, thanks

[Flamingo]

thank flamingo for advice, am keeping record and even have e mial from him stating not to send in payment, just concerned in that dont really have confidence in attorney ever since delayed 13 filing for almost one year again, thanks

I am not familiar with your Chapter 13 but there must have been reasons for the delay. Since probably all of us on this forum are not attorneys and have never handled a BK from the other side, there are a myriad of issues that are handled on the legal end that would require us to go to law school. Unless your attorney has been cited for fraud or some other problem in the past, he is just doing his job to the best of his ability in your situation. Have you spoken to him about your concerns as to his representation? Maybe he could offer an explanation as to the complexities of your case that may put you at ease. It's hard not knowing what is going on and how long it might take. Best of luck to you!

[woeisme]

Buckaroo's attorney told him to wait until they changed the BK laws back in 05 to file, and then forced him into a CH 13 when a CH 7 was definintely in his best interest, and now is saying that he can convert him to a CH 7, so obviously he could/should have been in a CH 7 all along (well below median income filer, retired, living on a fixed income, etc.) I can definitely see why he's not trusting his shady-a$$ lawyer, that guy screwed him royal once already by delaying the filing until after the BK laws got much more creditor friendly then ill-advised him into a CH 13 he can't afford on his low income! I say definitely cover your butt buckaroo, and don't trust this lawyer based on what he says, but only base your actions on what he actually follows through and does!

I guess it comes down to this, are you any better off for making your CH 13 payment this month? Worst case scenario, if you miss your payment? I'd think worst case would be getting the BK dismissed before it can be converted, but really since you have no assets for creditors to go after, maybe not such a terrible situation as long as you don't answer your phone but have an answering machine pick up to avoid the creditors harrassment. Then you can use the money that you would have beeen paying into the CH 13 to save up to get a better lawyer for when you file CH 7. You might have to wait a while to file CH 7 to save up the money and because your CH 13 was dismissed, but since if I remember from previous postings that you don't have anything the creditors can garnish, as long as you don't let their harassment techniques get to you, there's nothing they can do to you financially. (I'd keep the pension and social security checks out of your bank accounts though, go to a cash only existance until you file CH 7.)

So I guess what my advice is to do what the lawyer says, and stop paying, but not because I trust him to do the conversion in a timely manner, but because even if he doesn't do it, you can get out from under the burden of your CH 13 payment and use those monies to pay for a better lawyer that will do things right by you in a CH 7. Good luck buckaroo, stories like yours are what make me really mad about the screwed up system in our country that don't protect limited income seniors, but allow corporate bigwigs all kinds of perks and golden parachutes.

[Flamingo]

Well I can see the situation more clearly now - it's a shame he didn't file prior to 10/05 and this scenerio shows all on here that it's best to get more than one legal opinion prior to filing or, as I have stated on here in the past, call your State Bar Association and get a BK referral from them. Ask for the names of top BK attorneys in your area/state. They work hard for their reputations and standings.

As to Buckaroo, since you are in the situation you are in right now, I would ensure you get converted and then, if what occurred bothers you, you can complain to the Bar Association in your State about this attorney and to what happened in your situation.

[buckaroo]

the only reason that i reapproached attorney re hardship of my chapter 13 (22 months of 36) was unexpected medical expenses, need cataract operation cant see anymore, with medical insurance still going to cost me over 600 bucks not counting precription gla, also need extensive dental work, take med for hight bp, depression cholesterol the whole gamit and prescription plan cover very little towards the prescriptions, just to refresh, social security small penion, $560.00 per month 3 years,