So now what do I do?

[DOA]

Ok, if you read my previous post in this section you know that I am getting little to no satisfaction. Neither my attorney, nor my trustee either one will respond to my questions, requests, or needs. So am I just up a creek, or do I move on to the judge assigned to my case and explain to him that niether will respond to my phone calls or emails? I am so frustrated that I can't see straight right now. Any info or help greatly appreciated.

DOA

[HHM]

Well, if your going to post a new thread, you should at least summarize the issue at hand. Not everyone is going to remember, or take the time to search out your 74 posts to recall exactly what your problem is.

Regarding the trustee, they don't work for you, so you shouldn't really expect any help there. Also, you can't "just" talk to the judge.

[DOA]

But now to the point. I told my attorney months ago that I need remedy NOW, and please get witht the trustee. Well, she always says they don't return calls, yada, yada, yada. "I'm doing all I can" is a favorite. So a week ago I told her I was going to take all my documentation and go visit the trustee and see if I could get his offices attention. Well, she called and told me not to do that, she had "2 hours" blocked off for my case on Friday and she would let me know what happened.

So a week goes by, and nothing from her. So I call her office, leave messages, send her emails, still no response. My last email and phone message stated my intentions, if I don't hear from you by Friday I am going to the trustee.

Summation above. Now, on to the question I have for you. Why can't I ask to speak to the Judge? Do I not have the right to remedy under the law if I have just cause to seek relief? If so, if the attorney, nor the trustee will respond to written or oral messages then who am I to go too? And tell me, exactly who does the trustee work for? The court I believe? And if it is indeed the court, then isn't that where I should go? Lets take you for instance. If you are my parole officer, and I am required by the court to check in with you, but you won't take my calls, then I would have to go to your boss. In my case the Judge is the boss. And as for not working for me, maybe the trustee doesn't, but the Judge still does. I haven't noted that they have stopped taking my federal tax money since I filed bankruptcy, so I assume I still have the same rights to ask to speak to officials paid by tax dollars.

I now await your response that explains why this isn't the case. Not being a smart aleck here, but I am at the end of a rope about to fall off a very high cliff, and the system does not operate with the efficiency of that which they expect of we the debtors.

[HHM]

That still doesn't really explain. Please be patient with us. What was the issue with the Trustee, was it that you were simply missing the documentation...what "REMEDY" are you seeking.

As for the Trustee, the trustee is "employed" by the US Trustee's office, which is an off shoot of the Dept. of Justice. A bankruptcy trustee's "role" in a bankruptcy is to be the fiduciary for your "creditors". So in essence, the trustee's sole duty is to take that action which is in the best interests of your creditors. The trustee is actually your adversary in bankruptcy.

In order to get to a judge, you need to file a Motion and schedule a hearing.

[SinkingFast]

HHM,............

DOA suffers from Congestive Heart Failure and he's in a Ch 13 plan. A while back, DOA was in the hospital for his CHF and he's had some extensive testing done. All this left him with huge bills he cannot pay and keep up his Ch 13 Plan payments.

DOA approached his attny about modifying or ammending his plan and heard nothing. Then DOA threatened to speak directly to the Trustee. Attny pleaded for DOA not to do that and said he/she would set aside a 2 hr block of time to work on DOA's issues. Still nothing. So a week or so ago, DOA sent a letter to the Trustee himself.

This all started back in the summer. August, possibly?? So DOA has been financially strained for quite a while.

[Spartan]

Can he fire his current lawyer and hire a new one?

[lrprn]

DOA, after four months of broken promises, unless there's something else going on with your case that you haven't shared with us (and I'm not saying there is), you've given your Ch 13 laywer more than enough time to remedy any bk issue you are having. Enough is enough - it's time to start looking for another Ch 13 lawyer. You may have to fire your current lawyer before another will talk with you, so be prepared to do that if that proves necessary.

So that no other person runs into the same problem with this lawyer that you have, consider reporting her for non-representation to your state's attorney general and/or bar association. Check the National Board of Trial Advocacy's website at http://www.nbtanet.org/public/discipline/index.shtml - just select your filing state - and contact the appropriate body for your state with the specifics of your case - dates, phone conversations, emails sent, promises made and not kept by your lawyer, etc. Keep your communication as brief as possible and to the point.

I pray you can find a resolution to your problem and can get a revised Ch 13 plan filed very soon. Keep us posted on your progress, ok?

[DOA]

Well, I am actually the last BK my attorney took due to the new laws, as I filed under the old. It would seem that the trustee does not want to get on board or respond to either my attorney or myself. My attorney called today, as she had been out of state due to a custody matter, and when she got my email she followed up. I told her that no, the trustee did not respond, and that I now knew it was not her. She filed the motion for a hearing today, and it's up on PACER as of now. I told her that I really wished she would have done it a lot sooner. So, off to hearing we go once they schedule it. I'll be praying that proper documentation of everything I claim to have had happen is enough. And just a quick reason as to why such a drastic change in income: 1. Child support that we TOLD them was going to end is still listed as part of our income. That's $700 a month that is now an educational order after going to court, and yes the child is still our dependent because we provide the necessities and a home, while her real dad is now paying for her tuition and an allowance. 2. My company switched healt insurance carriers from BC/BS to Health Partners and my insurance went up from $174 a month to $428, along with the deductible going from $500 to $1000 per person and max out of pocket from $3000 per family to $4000 per person IN NETWORK. Of course it's another $200 of deductible and $2000 out of pocket for out of net, and the labs that all my IN NETWORK doc's and hospitals use, as well as the radiology lab are OUT of network so I got screwed there. So I have another $5200 in medical bills besides the original amount put into the plan, oh yeah, the new health insurance also has higher script co-pay of $30 instead of $15, and they(BC/BS didn't) consider one of the scripts that has no generic to be non-formulatory/experimental and the co pay is $60. So instead of $90 a month for prescriptions I now pay $210. So lets see, my income dropped well over $1000 a month, and my outgo for childs college is no longer a debt of $400 a month. So income decreased by $674 per month before attempting to pay new medical bills and my montly plan payment is $1058. So you can see the dilema I hope. I'm robbing peter to pay paul so to speak. Thank God for the easy winter so far and not needing propane yet, or I would not be able to sustain it.