since january my attorney was to issued motion to convert my existing 13 to a 7, promises by him have gone by the wayside now i see on pacer that certificate to dismiss issued on may 16, now what do i do cant get any response, phone calls, e mails and faxes from attorney, guess phone calls will start coming shortly from creditors
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certificate of default issued by 13 trustee
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Have you been making your Ch 13 payments since January? If you haven't, then that's why your case was dismissed. Did your trustee know you were trying to convert your case?
How many attempts to contact your attorney did you make between January and now? Did you keep records (dates, etc) of those contacts?
I suggest contacting your attorney's office one more time and this time say that if your attorney has not contacted you in 24 hours, you are going to the state bar association and report him/her for misconduct in the practice of law. Then if he/she hasn't contacted you, do it. Here's the link to use in every state - http://www.nbtanet.org/public/discipline/index.shtml
Now since your 13 has been dismissed, you can file for Ch 7. However, I sure would consider doing that with another lawyer. You'll have fire lawyer #1 and then pay the full fee for lawyer #2 plus the filing fee, but at least this time you are more likely to get the job done right. Hang in there - keep us posted on what happens, ok?I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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per attorneys instructions had not made payments since january, i have documented info on this from attorney i was just about 2 years into plan when medical problems popped up probably have a dozen e mails from attorney stating he was processing motion to convert, attorney is part of large bankruptcy firm, never returns phone calls best communication via e mail may respond every 5th or 6th e mail
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UGH---I have no info here...just relating to the moron attorney syndromeFiled Chapter 13 2/5/2005
Conf 4/5/05
Payment increased and 4k added to secured debt due to payroll increases July 2007 Trustee Approves refi April 2008 Waiting on mortgage company to put it all together to pay it all off!
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just contactyed his office, of course wasnt there left messasge but know that it will never be returned, this large firm from the get go backl in 2995 when originally contacted zapped me from day one, filed in april 2006 but oringinally gave retainer in june 2005, finished paying him in august 2005, of course rules were changing in october but he advised that to my benefit to file under new laws, at that time age 72 only income social security and small pension well under the means, said had to file 13, no asset s whatsover, think that was a bad call also, did pay 560 per month for close to 2 years totalling almost 12 grand, now the zapping continues, boy have i learned to distrust lawyers, expensive lesson though
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