I am going to make a very long story short because I need some advise asap.
We filed chapter 13 January 07. Confirmed May 07. In July 07 our son was diagnosised with a heart condition and we were away for 3 months dealing with this. We discussed it with our attorney he said he would let the trustee know what was going on and when we returned they would work with us to catch up our payment since we would both have sick and vacation time to cover most of our payments.
When we returned we found out a relative (well we didn't know at first) had wiped out our bank account (which is where our paychecks are directly deposited). We met with the Judge, our attorney, trustee and the attorney for the mortgage company. We agreed to up our payments for the next few months and when we received our income tax return that would catch us up completely. The judge order that I give my attorney and the attorney for the mortgage company a copy of our income tax returns to verify the amount was enough to cover the arrearages. (which it is) He also ordered that there was not a time limit to receive the return since we were having it mailed to us and he did NOT want to have any problems in the future.
Then 2 weeks later the company that holds our car loan that is paid through the trustee filed a motion for relief of stay. Our attorney called us and said they were going to enter a deal the same at what the judge ordered on the mortgage. 2 weeks later we received the information and it was incorrect it said we had to have it paid by March 31st or they could reposses the vehicle. I called him the next day to let him know that was not correct and he said do the best you can to get it paid by March 31st. We didn't get our mortgage interest statement until March 11th so we couldn't file and earlier. I called him again to get this corrected, then next day I faxed a letter and I have continued to fax, email and call daily with no response from our attorney. We are now past the March 31st deadline and we are sick to death that they will come and pick up our vehicle and then how do we get to work? It has been almost 3 weeks with no response from our attorney and he has been famous for doing this in the past.
Does anyone have any suggestions as to what we can do. We have been doing everything correctly and we even paid more the last few months then what the judge ordered us to so we can get this caught up more quickly. We have had numerous problems with our attorney not doing what he said he would do or not returning our calls.
We have called all the other BK attorney's in our area and none of them are able to help us because they are the biggest firm in this area.
Any suggestions?
We filed chapter 13 January 07. Confirmed May 07. In July 07 our son was diagnosised with a heart condition and we were away for 3 months dealing with this. We discussed it with our attorney he said he would let the trustee know what was going on and when we returned they would work with us to catch up our payment since we would both have sick and vacation time to cover most of our payments.
When we returned we found out a relative (well we didn't know at first) had wiped out our bank account (which is where our paychecks are directly deposited). We met with the Judge, our attorney, trustee and the attorney for the mortgage company. We agreed to up our payments for the next few months and when we received our income tax return that would catch us up completely. The judge order that I give my attorney and the attorney for the mortgage company a copy of our income tax returns to verify the amount was enough to cover the arrearages. (which it is) He also ordered that there was not a time limit to receive the return since we were having it mailed to us and he did NOT want to have any problems in the future.
Then 2 weeks later the company that holds our car loan that is paid through the trustee filed a motion for relief of stay. Our attorney called us and said they were going to enter a deal the same at what the judge ordered on the mortgage. 2 weeks later we received the information and it was incorrect it said we had to have it paid by March 31st or they could reposses the vehicle. I called him the next day to let him know that was not correct and he said do the best you can to get it paid by March 31st. We didn't get our mortgage interest statement until March 11th so we couldn't file and earlier. I called him again to get this corrected, then next day I faxed a letter and I have continued to fax, email and call daily with no response from our attorney. We are now past the March 31st deadline and we are sick to death that they will come and pick up our vehicle and then how do we get to work? It has been almost 3 weeks with no response from our attorney and he has been famous for doing this in the past.
Does anyone have any suggestions as to what we can do. We have been doing everything correctly and we even paid more the last few months then what the judge ordered us to so we can get this caught up more quickly. We have had numerous problems with our attorney not doing what he said he would do or not returning our calls.
We have called all the other BK attorney's in our area and none of them are able to help us because they are the biggest firm in this area.
Any suggestions?
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