I know the answer... hire a lawyer... but

[caj0524]

... for the sake of this discussion, lets pretend that that's not an option.

I filed chapter 13 last July, 3007, and was confirmed in January, 2008.

I did this PRO-SE! (Not easy, but if you can read and don't mind hours and hours of research, anyone can do it.)

Two weeks after confirmation, I got married and moved cross-country.

My income increased substantially. However, my wife does not work, and our household expenses still put me in a good position regarding my plan.

A lawyer in NY (where my plan is) wants almost $3k upfront, because he wants to have my case dismissed and start over. (Never mind the question of where I'll get $3k during my plan.)

A lawyer in IL where I am now won't take it, unless I do the same.

My questions are these:
1.) Can I have my case "moved" to my new jurisdiction?
2.) My wife had a serious illness, and I used my $800 tax refund to pay some of her medical expenses. I've got the documention... what do you think the trustee will do?
3.) I'm surrendering my car. My wife got a loan on a newer car for me to drive with more favorable terms. Since the Means Test calculations all end up with just about the same monthly payment, do I need to file an amended plan, complete with the new Means Test and Schedules 6I & 6J?

Like the title, I know the answer... hire a lawyer... but any advice you all could give me would be most fantastic!

Thanks!

[HHM]

If your confirmed, why does it matter to move it...the only thing you have to do now is mail checks to the trustee.

I don't think you need to do anything except keep making your payments.

[lrprn]

A lawyer in NY (where my plan is) wants almost $3k upfront, because he wants to have my case dismissed and start over. (Never mind the question of where I'll get $3k during my plan.)

We need a lot more information than this. Are you late making your Ch 13 payments? Did your trustee try to increase your payment because of your income increase?

What are the problems in your current case? What problems exist now so the NY and IL lawyers want you to dismiss your Ch 13 case and start over? Was your original Ch 13 complicated? Did you have business debt mixed with personal debt? Do you have children or other adults living with you? Have you lived in IL more than two years?

1.) Can I have my case "moved" to my new jurisdiction?

You can't move your current case to another district and another court. If you do dismiss and start over, then you can file in IL (although if you've lived in IL less than two years, you'll still have to use the NY exemptions).

2.) My wife had a serious illness, and I used my $800 tax refund to pay some of her medical expenses. I've got the documention... what do you think the trustee will do?

Depends on what your current trustee told you to do with your tax refunds. If he/she is one that wants tax refunds no matter what the amount, then you'll have to deal with your trustee about why you spent yours instead. If your trustee didn't instruct you about what to do, then if it comes up, show the documentation. I hope that your wife is doing better now.

3.) I'm surrendering my car. My wife got a loan on a newer car for me to drive with more favorable terms. Since the Means Test calculations all end up with just about the same monthly payment, do I need to file an amended plan, complete with the new Means Test and Schedules 6I & 6J?

Since your wife financed the car, she is responsible for the payments, not you. If you file amended forms for your current case that don't include her as a joint filer, you can't list the auto loan payment on your schedules. Even if you amend your current case or file a new case solo again, any money that your wife makes that go towards supporting the home will also be added into an amended plan.

Keep in mind that if you do dismiss your current case so you can get legal representation, your family size has changed, your income has changed, your expenses have changed, and (if you have lived in your current state for at least two years), your exemptions have changed too. There's no guarantee you'll end up in better shape than you are now.

Unfortunately now you have a better understanding of why filing Ch 13 pro se under the current bk law (no matter how much reading and studying you do beforehand) is just not a good idea. You can't undo what you decided to do then, so no sense crying over spilt milk. You need to have a clear understanding of what's going to happen if you stay put with what you have, file an amended plan, or dismiss your current 13 and start over from scratch.

If I were you, I'd pay for an hour of several experienced bk lawyers' time and go over all the particulars of your case. You need to find out what impact dismissing and refiling your current case or amending your current case will have long-term for you and your wife. Then you'll know what's the best thing to do.

[Flamingo]

I agree with lrpn - the two attorneys who would not touch you are letting you know you have a complicated matter. Chapter 13's can get extremely complicated as you are finding out and filing pro se for a Chapter 13 is usually never recommended since the majority of them get dismissed. Sounds like you have your hands full moreso now than when you filed and may not have the time to research and investigate as you had at that time. If that is the case, along with your wife's illness which probably requires a lot of your energy and time, you may want to reconsider and hire someone experienced to help you get things in order.