Wimp lawyer, should I let it dismiss?

[muzzey58]

Similar situation

We had to stop funding our 401K even though it was only $25 a week. Our car that we had when we filed went bad and we needed a new one. We qualified for a car loan but the Trustee objected to incurring the debt. We agreed to discontinue funding the 401K, tightened up our budget to fund the car. We have a little money in the fund but plan to really start funding it once we're done.

We are only about 6 to 10 months away from discharge! It's been a roller coaster ride for us. We moved into a tiny apartment, we don't go out to movies anymore. We buy our clothes from catalogs online that offer very deep discounts, we use coupons a lot. We enjoy going to free things such as walking on the beach then going out for a cone afterwards.

I'm not sure what things will be like once our case is done with completely. We will probably want to buy a small house in about 5 years. However, I will never ever have another credit card again! We pay cash for almost everything or use layaway.

I hope you'll have good fortune with your case. I had to fire an incompetent lawyer and then hired a decent lawyer. So this forum is a good place for help. There were many times I wanted to walk away from the case.

You learn to leave within your means. It's a battle but it's also a fresh start.

Good luck with your case.

[repuman]

I started to reply to 'Justbroke' something like "Thank you Mr. Spock, but that was just an expression not meant to be taken literally".. Ah, might as well laugh. And, no mistype, meant what I said. This trustee likely has some tubing and a tiny flashlight.
Well, I sent the email to Mr. Linguini Spine, asking for the dismissal. At least I'll get my $$ I've paid in so far back. Going to try the settlement route. Worst case, try again in 6 months. Hope I'm making the right decision.

[Pandora]

Originally Posted by repuman: I looked up the 2004 exam, if I read that right she wants a meeting with us to do an anal exam. This little slice of hell just keeps getting better.

Originally Posted by justbroke: I'm sorry, but a 2004 Exam only probes our assets, not that part of your body. It's an oral examination done when you are under oath.

OMG You 2 are killing me over here! LOL

Repuman - I do hope you get everything worked out soon - but wanted to say thanks for the giggle in your mis-type

[shark66]

Attorneys like yours are what has driven me into filing a Ch. 13 pro se...

Good luck.

[IamOld]

Attorney advised we dismiss and refile with another attorney with "more experience with 13's". NOW he tells me..

My thoughts and wishes are with you...will this lawyer at least give you your money back?? Sounds like professional misconduct...

[repuman]

Attorney advised we dismiss and refile with another attorney with "more experience with 13's". NOW he tells me..

[repuman]

I've honestly about had it. Strongly considering backing out. Odds are this lady will find something out of order and dismiss it anyway. This has gone on for a solid YEAR, can't see alternatives being much worse.

[justbroke]

I looked up the 2004 exam, if I read that right she wants a meeting with us to do an anal exam. This little slice of hell just keeps getting better.

I'm sorry, but a 2004 Exam only probes our assets, not that part of your body. It's an oral examination done when you are under oath. Think of it as a deposition. You may need to provide documents as well.

I'm guessing she wants all paperwork regarding 401K such as balance and payoff? She has none of that to date. I've asked attorney what's up, no response yet. Letter states 'recieved amended schedule J and undocumented new information that does not resolve the original objection and may raise other issues'. Not sure what to read into that.

It reads as though your attorney has been non-responsive. Unfortunately, it reads as though you have a "tough" Trustee or the Trustee just doesn't trust your attorney any longer and is going to put you through the ringer (2004 Exam). Actually, I think this is the first time I've read, on this forum, that a Chapter 13 debtor has been put through a 2004 Examination.

[repuman]

You know, I really DO think he wants us to back out and forget we ever met him....

[shark66]

This may go on forever.

Many a times it takes months to get one's plan confirmed. Patience is a virtue here.

I've asked my attorney just what our exact payment would be, including the 401k, assuming that payment is assimilated as well. Haven't heard back.

That's nuts. Your attorney should've figured all options by now, at least in my book.

He absolutely doesn't want to battle this lady, and has said the judge sides with her on every issue, never with the BK attorneys.

If my attorney ever told me something like that, he/she would be fired on the spot. But maybe that's what he/she wants...

Good luck, seems like you need it.

[repuman]

No, medium/large city. I'm guessing she wants all paperwork regarding 401K such as balance and payoff? She has none of that to date. I've asked attorney what's up, no response yet. Letter states 'recieved amended schedule J and undocumented new information that does not resolve the original objection and may raise other issues'. Not sure what to read into that.

[IamOld]

I looked up the 2004 exam, if I read that right she wants a meeting with us to do an anal exam. This little slice of hell just keeps getting better.

Forgive me for asking, but are you in a smaller jurisdiction? And/or anything to cause "red flags" or just got the person from hell??

[repuman]

I looked up the 2004 exam, if I read that right she wants a meeting with us to do an anal exam. This little slice of hell just keeps getting better.

[IamOld]

No one is giving up their pensions. The objection is as stated above: Paying off a 401K loan AND contributing a high amount is a detriment to the unsecured creditors.

Quite right and I stand corrected!

[newbie2]

Good luck to you my friend. This so nutty and against any semblance of public policy to force people to give up their pensions...

No one is giving up their pensions. The objection is as stated above: Paying off a 401K loan AND contributing a high amount is a detriment to the unsecured creditors.