Wait !! I want to get out of this thing now !!

[Nomad]

Hi, this is my first post here. I am on month 55 of a 48 month program, paying $2580 a month. I have paid in about $6900 above the base amount. I have been sending my sucky lawyer emails asking what's up once a week for two months and it is like trying to communicate with a brick wall. Not only that the judge has closed off any meeting until May 28.

I have a few quick questions. What is "plan current"? What happens to the money I pay in above base? How in the world do I get out of this thing?

My car is about shot, my pants are threadbare, my kids wonder why they have never been to Disney, and I am getting really antsy, and me thinkist something stinkith. I really feel like that vulture up in the tree saying wait my butt, I want to kill something.

[Faust]

What state are you in? Who are you making your payments to?

[Nomad]

I filed in Pittsburgh/Western Pennsylvania court. The payments go to Ronda Winnecour, the trustee, via garnishment.

[justdeb]

OMG - you're 7 months PAST your plan baseline? How in the world does that happen?!

Now I have a new ? to ask our lawyer... damn - so sorry this is happening to you, thats awful!

[Nomad]

They said my lead laden lawyer needs to file an end to the garnishment. I wish I knew the terminology better. The numbers are like this Current $$ is highest Paid In is in the middle and Base is lowest. Current is $11K above base and Paid in is $9K above base. When I signed onto this thing I thought I'd only pay Base, nobody said that it would go longer than the 50 months, and beyond $128K. There was clause that said it would not go past 60 months. So, worse comes to worse those rats shouldn't be garnishing past 5 months from now, or so I hope.

[justdeb]

wow... how confusing. If you were confirmed with a 48 month payback - yeah I'd be all over my lawyer if it went even 1 month over the allotted timeframe! I didnt see anywhere on our papers that state it could go over (or under) the allowable 36-60 month timeframe, only that it couldnt be any less than 36 or more than 60 - but could be in-between those terms. But to go past what you were approved for.. is ridiculous!

[Nomad]

What really tears me up is that when we walked in to the confirmation hearing the length of the plan went from the 3 years we had originally discussed to 4 years, and I wasn't informed before hand. In front of the judge all I could do was glare at the lawyer and sign the papers.

[justdeb]

so what happens to the money thats over and above what you were required to pay back in your plan then? Does it get returned to you?

Crap.. now I'm worried We are set for our 341 the end of this month, but so far, our payment was set at $600.00 *ouch* because we own our vehicles outright and those are our only assets, so instead of selling them, we've got to pay the TT the value of them. We're stripping the 2nd - and everything all-in (TT, lawyer, 2nd and 1 other debt) is 36K - so we're, according to 13datacenter, right now at 100% payback based on the payment for 60 months, but its actually about 34% of our actual debt.

Now I'm going to be paranoid...

[Nomad]

Don't be paranoid, be informed. Contact your lawyer, make sure you can live within the payments, and then ride your lawyer like a 5 year old mare. Make sure there is a way to communicate with him. That is my biggest problem I think. We wwere at 26%, but I don't think that means anything.

[sheilaE]

Question for Justdeb, I'm new here. My husband and I plan to file in June. I'm trying hard to learn all I can. We've retained a Lawyer, but haven't paid his fee's yet. Anyway...I don't really understand your quote below.

Justdeb:We are set for our 341 the end of this month, but so far, our payment was set at $600.00 *ouch* because we own our vehicles outright and those are our only assets, so instead of selling them, we've got to pay the TT the value of them.

We have 2 vehicles that are paid off. We can't sell them because we absolutely need them. We have 3 children, 1 uses a car to get to school. We just purchased a 3rd reliable vehicle before we head into our chapter 13 and won't be able to get anything for 5 years.
What do you mean by paying the TT the value of them?

Thanks

[justbroke]

Your attorney needs to file a Motion to Vacate Wage Order. Then your attorney needs to -- and it reads as though the May 28th date may be -- a Motion for Discharge. In many Districts, discharges don't just "happen" automatically in a Chapter 13. You have to actually ask for one.

Also, your attorney is lazy or something. You should be sitting in his office YESTERDAY and hounding him. He needs to file an EMERGENCY Motion to Vacate Wage Deduction Order, and do that yesterday as well.

[ColoradoBell]

Maybe your lawyer needs a quick visit by two REALLY BIG GUYS with sticks.

[klandsb]

Nomad. I also have Rhonda Winnecour for my trustee . Sounds like we also have the same law firm Like Justbroke said I would be sitting in his office at 8am on Monday morning. It totally amazes me that you have paid in so much over your base plan. You should get the money back after they do there audit on your case.
Keep us posted please & hound that lawyer until they are sick of hearing from you !!!!!!!!I get more info from the young guy who answers the phone then I do anyone else at my lawyers office I think he always feels bad for me cause if I want to know something I call everyday until they get sick of me calling and call me back ....

[Nomad]

The paralegal was to call me Friday with an action plan, but she didn't get to it. She promised she would get action from the lawyer Monday morning. We shall see.

[AngelinaCatHub]

Ask your payroll person as to what papers they got originally as far as sending the garnished wages to your Trustee. If it were dated and stated X amount of months, then the company could have stopped paying the garnishment. Worth a try as I do not know the routine.

I like JB, and the other posters would have bammed your lawyer the first extra payment with a demand HE get it back from the Trustee. It is too easy to be led than to lead, and that lawyer is YOUR employee. Don't let him forget that. 'Hub