My WORST Nightmare has come true - 7 to 13

[nojusticehere]

Well, my lovely atty screwed up on my paperwork. He rec'd a letter from the Trusty noting errors on line 20a, 22, and one other area on Schedule I and J. My atty accidently put a 1 in front and the entry turned out ast 1,284, instead of 294. on line 20a. GOD!!!!! Now the trusty says I have $588 disposable income. My atty and I got it down to $499, but it looks as though (before the Chap 13 calculations) I'm going to be at 100% for 60 months. It also asked for 6 months bank statements, 6 months worth of pay stubs, and 4 years of tax returns. So I go from a 7 to a 13 with 5 years to pay. Could it be any Worse!!!!! Yes it could! Come to find out this Trusty HATES my atty! I'm super stressed now!!! He has until Monday to get the paperwork in or my case will be dismissed.

[aachudneymiles]

did you read the papers before you signed it? I am sorry to hear this. what did the att says sorry we will amend or what?

[nojusticehere]

oh yes, he was very apologetic. I was concerned when we filed the 7 that it wouldn't go thru due to a furniture payment that will be up in 6 months. We figured then if the trusty objected and forced me into a 13 then I would only have to pay a couple of hundred for 3 years. Now it's turned out a lot more than that. My atty did say he'd waive the "extra" $1000 to file a the 13 since he messed up. I did read the papers, but I was more concerned about included all my debts, along with my deductions, that I missed this part. Sooooo. We'll file and then see. My 341 is still scheduled for the 17th.

I'm not sure now when I should start paying the 13? I guess sometime after we file the correct papers and the trusty accepts the payment????

[coma]

The first payment is due within 30 days of filing, and your date of filing for your 13 will be the date you actually convert, that the oder granting the conversion issigned. That's how mine was, anyway.

[aachudneymiles]

wow ... he should firer that dumbie , she had to get your matrix mixed up with someone elses at one point.. sorry ... what is the

next step .. amend eveything?

[PaKettle]

Sorry to hear that, there is indeed "no justice here". That sucks.

Did your attorney screwing it up cause the 13 or just make it so you didn't realize it until the trustee looked at it? I'm not clear on what happened.

I got the impression my Trustee did not like my attorney, either, though I'm not sure. It sucks to get an attorney who isn't liked by the Trustee. But it's pretty much luck of the draw if you live in a city with a lot of Trustees as I do.

Good luck! Is there ANY way you might be able to convert back to a 7 at some point down the line? Discuss this with your attorney and see if you might come up with a strategy.

For example I have a friend who got told he had to file 13 instead of 7 but they said that once his daughter comes to live with him, then he can probably convert to a 7. Is it legal, once you are in a 13, to work less hours or switch to a lower paying job, or just what options are there for converting to a 7 legally?

[coma]

Sorry to hear that, there is indeed "no justice here". That sucks.

Did your attorney screwing it up cause the 13 or just make it so you didn't realize it until the trustee looked at it? I'm not clear on what happened.

I got the impression my Trustee did not like my attorney, either, though I'm not sure. It sucks to get an attorney who isn't liked by the Trustee. But it's pretty much luck of the draw if you live in a city with a lot of Trustees as I do.

Good luck! Is there ANY way you might be able to convert back to a 7 at some point down the line? Discuss this with your attorney and see if you might come up with a strategy.

For example I have a friend who got told he had to file 13 instead of 7 but they said that once his daughter comes to live with him, then he can probably convert to a 7. Is it legal, once you are in a 13, to work less hours or switch to a lower paying job, or just what options are there for converting to a 7 legally?

The way I understood converting, and this is just my limited experience, the debtor has an absolute right to convert if he or she can qualify for the chapter 7 under the law and did not file in bad faith.

I was old law, so things were a bit different, I do not think that the converting laws have changed. you just have to qualify for a 7 (means testing) and jump through the other hoops of classes and such.

[Cali]

Sorry this happen, but this is a good reason to read everything before you sign it.

[nojusticehere]

Sorry to hear that, there is indeed "no justice here". That sucks.

Did your attorney screwing it up cause the 13 or just make it so you didn't realize it until the trustee looked at it? I'm not clear on what happened.

I got the impression my Trustee did not like my attorney, either, though I'm not sure. It sucks to get an attorney who isn't liked by the Trustee. But it's pretty much luck of the draw if you live in a city with a lot of Trustees as I do.

Good luck! Is there ANY way you might be able to convert back to a 7 at some point down the line? Discuss this with your attorney and see if you might come up with a strategy.

For example I have a friend who got told he had to file 13 instead of 7 but they said that once his daughter comes to live with him, then he can probably convert to a 7. Is it legal, once you are in a 13, to work less hours or switch to a lower paying job, or just what options are there for converting to a 7 legally?

Well, I don't know if you remember, but there were concerns on whether I could file a 7 given that I only owed a few months furniture payments and was going to reaffirm the debt. Well this wasn't the reason. My attorney mis-calculated the means test and the schedules. And, it's only an assumption, but I can only assume that because the trusty doesn't like, actually detests, my attorney, he probably looked even closer. I think that's why he's asking for all the additional paperwork.

I don't know how I could evert convert to a 7 knowking what I know now. I'm also due for a significant pay raise in July. I did ask my atty if I would lose that and he said "no, not since I'll be paying back 100% of my unsecured debt. Is this right, or should I be careful of this statement too and pay more attention to his figures. Geeeeeeezzzzzzzzz.

As far as the number of Trusty's, I'm in Florida, South District, and we have A LOT of them here in this area. And wouldn't you know, my atty gets the one guy who can stand him.

[PaKettle]

Since this guy botched your Ch. 7, I think if I were you I would fire him and get someone else for my 13. Just sayin'.

[nojusticehere]

Pa, you are probably right, but I'd need even more money to get another atty, and I don't have it! So, lesson learned, I'll just read it more carefully this time, not be so trusting that atty's know what they are doing!!!!

[FreshLikeADaisy]

Nojusticehere, just wanted to ditto Coma: you do have the right to convert to a Ch7 at any point, if you qualify for it.

Now me, I'm pro se, and it's easy for me to suggest this BUT, honestly, if I were in your shoes right now, I would buy the Nolo book on Ch7, pull down the same forms that the atty filed (you can find them on uscourts.gov) and do the means test (and schedules I & J) myself, informally, by hand, and see for myself if there's anyway I could rescue this situation. Regardless of what your excuse for an attorney tells you, the fact is that you are in Ch7 right now, you still have a little time to try to save it, and if you present your atty with an amendation you think will work for you, he HAS to file it.

From everything you've written in your posts, I honestly think that when you're on the line with the means test as you are, a good atty will make you and a mediocre/bad one will break you. You've already done most of the work in assembling the figures FOR the atty, as long as you still have a chance to save this you might as well go the rest of the way and assemble them for yourself. But I would not give up without seeing it WITH MY OWN EYES, just based on what this atty is telling you, because there's just too much on the line. The trustee is not operating with correct data, from what you've written; why not see what the correct data would be?

If you get nellie at the sight of a form, this isn't for you. But you already have so much knowledge that I honestly think you could make the determination for yourself and proceed from there, basically making the atty work at your direction instead of allowing him to lead. (And yes, he sounds like a jerk.) He won't like it, but tough ti**y, know what I mean? And if you get stuck on the forms, you can always ask here. You won't have to amend *everything*, just the means test and the schedules... but YOU CAN DO THIS. You just have to sit down with the forms and do them right, error free, so you can see the numbers for yourself.

Anyway, just a thought. I wish you all the best.

[nojusticehere]

Nojusticehere, just wanted to ditto Coma: you do have the right to convert to a Ch7 at any point, if you qualify for it.

Now me, I'm pro se, and it's easy for me to suggest this BUT, honestly, if I were in your shoes right now, I would buy the Nolo book on Ch7, pull down the same forms that the atty filed (you can find them on uscourts.gov) and do the means test (and schedules I & J) myself, informally, by hand, and see for myself if there's anyway I could rescue this situation. Regardless of what your excuse for an attorney tells you, the fact is that you are in Ch7 right now, you still have a little time to try to save it, and if you present your atty with an amendation you think will work for you, he HAS to file it.

From everything you've written in your posts, I honestly think that when you're on the line with the means test as you are, a good atty will make you and a mediocre/bad one will break you. You've already done most of the work in assembling the figures FOR the atty, as long as you still have a chance to save this you might as well go the rest of the way and assemble them for yourself. But I would not give up without seeing it WITH MY OWN EYES, just based on what this atty is telling you, because there's just too much on the line. The trustee is not operating with correct data, from what you've written; why not see what the correct data would be?

If you get nellie at the sight of a form, this isn't for you. But you already have so much knowledge that I honestly think you could make the determination for yourself and proceed from there, basically making the atty work at your direction instead of allowing him to lead. (And yes, he sounds like a jerk.) He won't like it, but tough ti**y, know what I mean? And if you get stuck on the forms, you can always ask here. You won't have to amend *everything*, just the means test and the schedules... but YOU CAN DO THIS. You just have to sit down with the forms and do them right, error free, so you can see the numbers for yourself.

Anyway, just a thought. I wish you all the best.

You are absolutely right! Thank you so much. I 've been in such a funk after the meeting I haven't been thinking. I'll definitely do this. Thanks, I'll let you guys know how it goes. I have tonight and tomorrow to get it done. I have another meeting with the atty Fri afternoon, so I need to get it done to present. Again, Thanks!!! Wish me luck!!

[PaKettle]

You are absolutely right! Thank you so much. I 've been in such a funk after the meeting I haven't been thinking. I'll definitely do this. Thanks, I'll let you guys know how it goes. I have tonight and tomorrow to get it done. I have another meeting with the atty Fri afternoon, so I need to get it done to present. Again, Thanks!!! Wish me luck!!

Right! And if the Trustee hates your attorney, your doing this yourself will work in your favor! Make sure you somehow let the trustee know that you did it yourself!

Good luck!

[Bandit]

Could it be any Worse!!!!! Yes it could! Come to find out this Trusty HATES my atty! I'm super stressed now!!!

I bet there is a lot of that so they sit like rattle snakes & then take it out on the filer to get even with the attorney. That is what I have been thinking will happen to me and yes it will be my worse nightmare. That is actually what one of my questions will be if i don't blow my brains out first...How do you & the trustee get along? Very important question.