Help!!!

[New Start Neede]

I have been trying to file ch 13 bankruptcy for 4 months. In the beginning my payments were to be 665 per month now they say that in order to be approved I will ned to pya 885. Which leaves 115 weekly for groceries, gas hair cuts etc. At this point I think I may want to switch to ch 7. We have 2 vehicles and are wiling to let one go back. We will give up everything we owe on except our house. I want to give back furnitur computer, etc. What probelms will this cause and will my atty want more money? I have already payed in 2000 to the trustee. If I do switch will I get any of that back after atty fees are paid? Does anyone know.
I do have an appointment with my atty in a week and a half, but I am afraid I will not rest until someone can tell me something. No one can even give me a clue as to if this is possible at my atty office.
Does anyone have any advise they can give?

[edwards2]

I dont know if it is possible but you should be able to have access to your attorney. They are so predictable. They are there for you on the front end but it is like an inconvenience when you want to ask them questions post filing. Can you try another attorney? The consult should be free. You should not have to have to go through this for 4 months for heaven's sake. Attorneys are all one big brotherhood so I dont know how one will react or even listen if you have hired someone else but explain what is going on and surely another lawyer will at least listen to you. They have time to take your money. There are some good lawyers out there; I got one who is a charm school dropout but I am stuck until we see this chapter 7 through. It should have been discharged 7/1 but they want paperwork they say they didnt get. Remains to be seen. Anyway dont stress anymore and get someone else to help. These forums are great but you need to consult an attorney asap.

[Minnymouth]

You say you have been "trying" to file a Chapter 13 for 4 months. Am I understanding right? You have had your 341 meeting and "payment plan" has not yet been approved by the Court??
If your payment plan is not approved (payments too high for you to meet obligations) you will be forced into Chapter 7 anyways.
If you are "not" in a payment plan yet - why have you paid Trustee $2,000??? Or was this amount paid to your lawyer for his fee and filing fees???
I do know that if you are in Chapter 7 and wish to convert to Chapter 13 it involves all "new" fees. Including new fees your lawyer will charge plus filing fees.
Not sure about the 13 - 7 change. But probably so.
If you will leave a message for your lawyer to call you back he probably will, most do. The people in his office are not allowed to answer questions for you in his absence. They are not qualified and could cost them their job.
Sounds like Chapter 7 would work better for you in the long run if they will dismiss the 13. (you have to have a good reason for dismissal). You may not think $115 is enough to live on, but the court might! Tricky situation.
Be patient and don't panic out.
Things will get worked out - either in 7 or 13.
Right now lawyers and especially Trustees are buried under with claims with the new laws in October coming.
Keep us posted,

Minny

[HHM]

Regarding payments to the trustee, generally no, you will probably not get any of it back. To Minny, in a chapter 13, a person must propose a chapter 13 payment plan within 15 days of filing their petition (most file the petition and the plan at the same time), and the Debtor needs to make their first plan payment within 30-45 days of the date they filed the Petition (even though there plan has not yet been confirmed).

[Minnymouth]

HHM, Thanks for setting me straight on that. I knew they had to file a plan with the court and have it approved, but I wasn't "aware" that they paid-on-it before it was even approved.
Interesting,

Thanks
Minny

[New Start Neede]

Yes I have been dealing with this for 4 months now. They trustee did not approve our 1st plan of 665 per month and my lawyer re did the plan for 885 per month, which we can not afford. Since I first filed iI have more medical expenses than what I had anticipated. My son is having to go to counceling once a week which is $10 copay per visit (40 per month). And I have M.S and with all the stress this has put me under I am having som serious vision problems and having to pay a $40 copy each tiem I go. With $115 left every week we can not even afford food to put on the table.
What I am wanting to do is switch to ch 7 and let a vehicle and furniture and computer go back. I want to keep my house which is current but am afaid they may try to take it. It is worth 55,000 and I owe 36,000 on it. Also, my brothers truck which is in mine and his name is paid for and am afraid they will try to take that also.
Can anyone at all put my mind at ease. I don't care if they take everything I own other than my home. I will have to have a vehicle but could always go to a buy here - pay here lot.

[New Start Neede]

Help!!!

Ok I have posted before and hope it ok that I start a new post. My finace with whom has lived in my home for 2 1/2 years now is tired of me stressing over the Ch 13 payments. They included his income when they set up the payment plan. He is considering moving to his own place until we actually marry which will probably be at least a year. If he does not live in my home than I really can't count his income. Will I be able to comletely redo my plan with this new information. I really want to file CH7 at this point. I make 1500 per month with out his income and definantly can not pay 885 a month with my 350 house payment. No possible way to make it with only $265 amonth and raise a child. If he does move and I can convert to Ch 7 and let property go back what happens in lets say a year when we marry and live together again. I don't want to do anything illegal.
Thank you for any all replies on this message. I am stressed about as far as is possible.

[New Start Neede]

Update

I talked to my lawyer today and I am switching to Ch7. Letting my truck go back and furnitur and computer go back, which the lawyer said is possilbe that they will not come get furniture and computer. My fiance is moving out for a while so they can base it on my income alone. As far as the money I have paid in so far on Ch13 I am shocked I actually will get about 400-500 back next month. My lawyer is charging 300 to convert to Ch 7. This is all working out better than I expected. I was scared to death. The only problem now is I called Gmac to see what I could do as far as catching up. As of this month I owe them 1075 dollars. I have 600 I can pay at the end of this month and completely catch it up in August ( with some help from my dad). Will I be able to pay them this much to keep the car or will I be in trouble for this?
Thank you!!!