We filed 13 over a year ago and in that time we have had our plan amended 5 times. The first two were with a bum attorney. We then changed attorney and he convinced us to surrender the house under a new plan; Amend #3. Then we had tax issues that needed to be addressed; hence Amend #4. Current attny said that he could not do a plan for us more than 36 months. Additionally, he states that he will not spend the time to make another amendment to include our house. He says that our bk is above and beyond the norm; with tax issues, etc. These have all been taken care of. He just doesn't want to take the time to do it or even give us a figure to do it. So now if we want to put the house back into the plan (not sure if this is even plausible; stay was lifted and sale date is 4/21) we will have to go find another attny. Any suggestions?
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Welcome to the Club of folks who don't fit the norm and can't find a competent attny!!
I don't mean to be rude. I just want you to know I feel your pain.
Wish I could help more than to let you know you're not in the boat alone. There are others of us as well.
As if going thru BK wasn't bad enough. Life throws you more curve balls and we have scum bags of choices for attnys to select from.
Hang in there! It's gotta get better!Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen... -
I was not aware that you could jump from attorney to attorney in a Chapter 13, much less first have your home in the Chapter 13, then surrender it, then ?????? try to put it back in the 13 before the sale of it!!!
Are you and were your intentions to surrender the home?? Or was it surrendered after you started your 13?
Once your surrender it about the only way to get it back (very hard) would be to pay all arrears and the creditor would have to agree to it also (doubt that will happen) since its marked to be sold on 4/21.
Since your surrendered your home would you not be better off filing a Chapter 7 and eliminating everything???
You pay your attorney, he works for you............. report him to the state board if he does not work on your behalf, but also be aware that everytime he goes to Court to amend something, or petition something it cost extra money...........at your expense......
Keep us postedMinny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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I was not aware that you could jump from attorney to attorney in a Chapter 13, much less first have your home in the Chapter 13, then surrender it, then ?????? try to put it back in the 13 before the sale of it!!! We have already once switched attorneys. The first one we had let the IRS put a levy on my wages; said he would take care of it and never did. I had to physically sit in the IRS office with the paperwork to show we were in 13 GRRR. This was before our 341 hearing. When I found the new attorney, (one of those factory firms) he hassled with us to surrender the house. He basically said that he would not represent us with it in the plan. We were desperate and agreed. Now, here we are 4 months into paying his amended amount (looking for a rental that will $ as much as what our mort. is/was).
Are you and were your intentions to surrender the home?? Or was it surrendered after you started your 13? Our intentions were to keep the house when filing. The trustee has objected to his last amendment, which lists an unsecured creditor with preference to being paid with all remaining funds. We have not received a hearing date on this yet so he will have to amend again. I swear his rush to push us through the system keeps creating more problems. He should have known the trustee would have objected to that. gezzz
Once your surrender it about the only way to get it back (very hard) would be to pay all arrears and the creditor would have to agree to it also (doubt that will happen) since its marked to be sold on 4/21.
Since your surrendered your home would you not be better off filing a Chapter 7 and eliminating everything???Chapter 7 is not an option. The debts that we have claimed consist mainly of taxes and the house. Taxes cannot be discharged.
You pay your attorney, he works for you............. report him to the state board if he does not work on your behalf, but also be aware that everytime he goes to Court to amend something, or petition something it cost extra money...........at your expense......Comment
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