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    #1

    desperate for good advice

    have a number of posts re my situation, to summerize in april of 2006 my attorney filed a chapter 13 for me showing a 36 month payment of $560.00, i am 74 years old and had to file due to divorce after 45 years and loss to job due to force retirement, my income is Pension of $905 monthly, social security of $1700 monthly i reside in new jersey, now i find that i have health issues, cataracts, dental, depression etc and find it getting difficult to meet the payments, i am current as of this date. i have contacted my attorneys office at least 3 times in past week asking that he call me, to date no return call, contacted different attorney and met with him on tuesday, all of 5 minutes said for $500 would go and try and get hardship discharge for me, am now thinking attorney that i paid in full $2000 should have never put me in a 13 since i am well below the medium for this sate, also in looking thru my files i find that no copies of any paper work was given to me after the filing other than the trustees info and the confirmation, i am making other appointments with different attorneys for their advice but really have little faith in them, am i right to assume that i should have been put in a chapter 7, i have no assets what so ever, just the clothes on my back and a few house furnishings, , anyones comments would be greatly appreciated

    thanks
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    #2
    Hey, I just read your post. I am sorry you are going through so much. Now we all realize that after bankruptcy you do not want to have bad credit again, but I,m gonna say this....with a pension and social security benefits, if your living situation is intact and you use your monies that you get monthly to take care of yourself, seems to me that if you stopped paying the courts...what are they gonna do....come lock you up? I know others will not agree with me, but you can not squeeze blood from a turnip.....if you stop paying the courts on the chapter 13 and continue to pay rent, light, gas, phone and other living expenses, once they realize you are not paying them, you,ll get somebodys attention long enought to tell them you have a hardship case. Stop paying and see if that attorney does not contact you...believe me, you will get a call quicker than anything you have ever seen...lol....just a thought. I would never tell a person to commit a crime, but in this case withholding monies to just barely get by is justified.

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      #3
      When and why did you even file?? You should have just let the debts go. You were judgment proof. Creditors could not have garnished/attached any of your retirement and SS funds

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        #4
        filed because thought that was the thing to do, couldnt put upo with the collection calls and attorney suggested that i file but now have second thoughts and from all i read, should have been a chapter 7 o well live and learn although took me 74 years to learn this

        Comment

          #5
          buckaroo,
          have you tried contacting the legal aide in your area? They should be able to help you. If you would like help finding their contact info, and dont mind telling me which city you live in or closet to I wouldn't mind looking up the contact info for you.

          Though I think 6ftladycop is probably right, I would not recommend stopping payment without legal advice and run the risk of being dismissed. Once you are dismissed you lose all legal rights in your case in regards to these debts. Now, I'm not saying it wouldn't be an option once you obtain legal advice, but I wouldn't just do it without advice.

          I'm sorry that you are going through a tough time and please let me know if you need help finding those numbers.
          Chapter 7 Pro Se....Discharged Feb. 2006

          Comment

            #6
            Originally posted by magyar123 View Post
            When and why did you even file?? You should have just let the debts go. You were judgment proof. Creditors could not have garnished/attached any of your retirement and SS funds
            Being judgement-proof is not a valid reason for letting debts go. I find it amazing that some have this mentality. I guess that's what's referred to as a "professional debtor".


            Buck: It depends on your expenses at the time, as to if you should have been put in a 7 or 13. Do you have copies of what was filed? It would be a big help to you and other attorneys if they could see exactly what your case looked like on paper. It's probably a little premature to blame your lawyer without knowing exactly how he filed you. I would try to get copies to bring with you to other consultations. I hope things get better for you.

            Comment

              #7
              ....if you do not have copies you can easily get copies
              Chapter 7 Pro Se....Discharged Feb. 2006

              Comment

                #8
                If you have less than $100 of disposable income, you should be able to convert your case to a CH 7. Being under the median income does not guarentee you a CH 7 filing, having less than $100 disposable income after expenses is what qualifies you for CH 7, so may be why you were forced into a CH 13. You need a lawyer who will work with your expense forms, fully claiming all your medical, dental, and other expenses so that you qualify for a CH 7, I don't think it should be that difficult if you are below the median income.

                Call the lawyer you paid already $2000, if they won't return your call, tell them you are planning on calling the state bar association to let them know they have abandoned you as a clinent. That $2000 requires them to work with you throughout your CH 13, not just for the filing and then they're done. Tell them you cannot make your CH 13 payments and need to convert to CH 7 ASAP. Good luck!
                Filed CH 13 September 17, 2007
                Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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                  #9
                  the only paper work that i was given was form B61 schedule of current income and antoher form with no num ber schedule J current expenditures, are these the only forms required in chapter 13 expenditures shows total of $1840 against income oincludes social security of $2401 thus leaving excess income of $561.00. When i do themeans test on line it says not to include social security and leaves me negative, even showing social security as income, taking normal irs expenses for new jersey, shows excess income of $25. totally confused will attempt to contact attorney again today, and will see if i can make appointment with some oters for their advice, my probl;em is the necessary medical and dental needed, cant see due to cataracts and other problems, again thanks for your responnses

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