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No, not because he is not calling me back but he is not giving me the services i paid for. I have asked several times in the past few months to have my chapter 13 re-evaluated based on the kids and financial struggles. He has ignored me on several occasions, and at the moment will not return phone calls. In the meantime, i have two kids to take care of and no money to do so.
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Call your lawyer's office and make an appointment to go over the changes.Originally posted by mickeyamouse View PostHe has ignored me on several occasions, and at the moment will not return phone calls. In the meantime, i have two kids to take care of and no money to do so.
Don't let who is not calling who back distract you from the most important goal - getting your Ch 13 re-evaluated as soon as possible.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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You mentioned in your original posting you have had two children since you filed Chapter 13 so at the least, it has been at least two years since your filing unles you had twins. Did you contact your attorney after your first child or after your second child? Note your attorney did file your Chapter 13 Plan and modifying your Plan or switching to a Chapter 7 from a Chapter 13 are services that are not included when you file an original Chapter 13 Plan. You should have received a rention letter from your attorney when you retained him/her that explained services to you and what/what not is included. You will need to make an appointment with the attorney as soon as possible to reevaluate the entire situation. The time to contact your attorney initially was prior to the arrival of your first child. You don't state how long you are into your Plan or the date you intially attempted to contact your attorney; but in any event, make an appointment and take all updated financial information with you, paystubs included. Best of luck to you and your family - I hope you get straightened out soon!Originally posted by mickeyamouse View PostNo, not because he is not calling me back but he is not giving me the services i paid for. I have asked several times in the past few months to have my chapter 13 re-evaluated based on the kids and financial struggles. He has ignored me on several occasions, and at the moment will not return phone calls. In the meantime, i have two kids to take care of and no money to do so._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket"
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I am on the same page and Flamingo, the fee you paid your attorney is long since been spent. Any services you request at this point are new.
And, at least based on the way you describe, you waited one child to long to contact your attorney to make changes.
However, Yes, you can switch from a chapter 13 to 7 (and if you use an attorney, you will pay for that chapter 7). However, regarding suing your attorney, you have no real cause of action.
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