We have had a horrible time with our lawyer. We have no one to ask questions & alot of different circumstances. We feel that he could have done better for us. We currently pay $1200 a month for 5 yrs. & we are in 2 1/2yrs. We have had so many changes since we originally filed in 2007...another child, another job, salary changes, 3 address changes, including moving across the country, social security disability award, etc. We can't seem to get any questions answered. Now, the lease on our vehicle is coming up & we can't even get information on getting a new car. We really want to get into another house next summer too. We are living in a state where the cost of living is 30% higher than the state we moved from with a pay cut due to my husband's job. Where do we go? Is it in our best interest to stick it out or seek a new lawyer, even if we have to pay another fee? We are so frustrated. Any advice or experience anyone has had with any of these situations, we are open to hear it!
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Has anyone switched lawyers half way through Ch. 13?
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Sounds like you and your family have really gone through the wringer the last two and a half yearsOriginally posted by life View PostWhere do we go? Is it in our best interest to stick it out or seek a new lawyer, even if we have to pay another fee? We are so frustrated. Any advice or experience anyone has had with any of these situations, we are open to hear it!
That you are still standing and trying to find a way out is really admirable.
Given that you've had significant and long-lasting changes in income, family size, and expenses since you filed, the best thing to do is get your plan amended to reflect your current circumstances. However, your lawyer does appear to have left you in the lurch, I'm sorry to say. When was the last time you tried to contact him/her?
You could fire lawyer #1 and find a new lawyer (although many bk lawyers are reluctant to take on a case they didn't file and may charge more). The issue is that it sounds like you are no longer living in the state where you filed - true? If yes, then that adds another problem since the bk lawyers in your current area don't know your original state's exemptions ins and outs well and they also don't know the local court's trustee's and judge's customs and prior rulings well.
Another option is to set up phone calls for free initial consultations with other experienced bk lawyers back where you lived when you filed.
It can't hurt to set up a few free initial consultations with experienced bk lawyers in your current area and your filing area to see what they have to say about your circumstances. At least you can see if it's feasible to get a new lawyer and if your current plan can be amended.
Hang in there. Keep posting questions and keep us updated on what you find out when you meet with local bk lawyers where you live now. We're here to help you sort things out any way we can.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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After reading through your posting and lrprn's marvelous response to you, you need to first contact your attorney who filed your Chapter 13 for you. You need to discuss the entire situation with your lawyer, find out if he/she is authorized to practice in the state in which you now reside or can refer your matter to an associate who can practice in your new state. The ball is in your court to get ahold of your attorney and get this straightened out. If your attorney will not answer your emails or phone calls, call the office/firm back and advise that you will contact the State Bar Association for the state in which your attorney practices to file a complaint since you paid that attorney to represent you during your Plan years. I would also call the Bankruptcy Clerk of Court where your BK was filed and advise of the situation and that you have a nonresponsive attorney and have moved out of state. You can bet the Clerk of Court will inform the Trustee or you can write the Trustee directly if you wish. One of those scenarios should get the ball rolling as to getting you on the right path.
Best of luck to you!_________________________________________
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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