Chapter 13/Laid off

[Pattie Smith]

We are in Chapter 13 right now. My husband is laid off so there will no more payments going to the trustee. I have tried to reach our attorney with no avail, wont even return a phone call or e mail. What should we do? We would appreciate any input.

[b_girl]

I'm sorry to hear this. How long since you entered Ch. 13? I'm not familiar enough with it (I was a Ch. 7) so I can't really answer, but I would think that your attorney should still be there for you. Hopefully someone more knowledgeable will chime in soon.

[Pattie Smith]

Thank you B Girl. I havent had any success in getting any help any where. I can't get the lawyers office to call me back it will be two weeks Friday. We filed in April and concluded July 31, 2008. I am happy for you though, I know it must be such a relief.

[justbroke]

Pattie, I would attempt to find the lawyer first. Second, if you can't find him by tomorrow, call the Trustee's office on Friday. Inform them that you have a temporary problem making the next payment. The Trustee should then direct you back to your lawyer to file a motion to miss a payment or two.

Then your lawyer needs to decide whether to Convert or file for a "hardship" discharge.

You generally have at least 30-60 days before the Trustee will file a motion to dismiss. And even then, you have 45 days to take corrective action (modified Plan or catching up payments).

[kmb]

My husband was laid off and our attorney was able to get us a deferment on our payments--we started with three months. Thankfully he was able to find a job and started a few weeks ago, but we don't have to make our next payment until the end of November. IF you can get hold of your lawyer, it might be an option for you to try, at least for awhile. He did tell us that we could eventually convert to a Chp 7 if we needed to, but we also would risk losing a car and possibly our home, so we didn't want to do that if we could avoid it.

As others have mentioned on this board, I would try one last time to reach your lawyer and let him know that if you don't hear from him, you'll file a complaint with the state bar. Unfortunately that's the only recourse that "we consumers" have when our lawyers have our lives in their hands.

Good luck--hopefully your hubby will find something soon.

[Tbornetun]

I always tell people if you can't get a hold of your lawyer on the phone, show up at their office. Demand a response.

[Pattie Smith]

I want to thank all of you for your help. I really didnt think that you could lose your home thought. That is scary, I have been in my home for 20 years. I will keep trying to reach the attorney, they probabally want me to make an appointment so they can charge more $$$. Many blessings to all of you....

[Pattie Smith]

What are the details on a "Hardship Case"??

[justbroke]

What are the details on a "Hardship Case"??

A hardship discharge is for special circumstances. Generally, you have to present a really heartbreaking story (that's my gist of it). In other words, a disability, major life vent, or serious medical condition/accident after you started your Chapter 13.

While my read of it seems more harsh, the reality is that it could be for a myriad of reasons, but you have to convince the Judge that the situation warrants the early discharge.

The longer you've been in Chapter 13 the better. The closer you were or are to a Chapter 7, the better.

There are some things like, you must have paid to secured creditors, at least as much as they would have received in a Chapter 7, before you can get this type of discharge.

The court may push for a conversion to Chapter 7, if you don't meet the qualifications.

[riverlady]

The best way to get your attorney's attention is to write a letter to the BK trustee that your hubby has been laid off and that you have been unable to reach your attorney and you request a hearing to inform the court of your changed situation... you will be hearing from your attorney immediately!

[Never_Again]

I had a lawyer once (not my bankruptcy attorney, a different one on a different matter) who had a tendency to not return phone calls. I remember showing up at his office and waiting for him (much to his secretary's dismay). I did chat with him finally.

I noticed on my bill a "non-scheduled office conference." I didn't mind paying him for his time, and paid for all phone calls. I just loved the wording...

Something very bad happened eventually from this guy dropping the ball. He did not file legal motions and paperwork like he said that he would. I called one day to speak to him, got Mrs. Personality (his secretary), and she told me that he was not in. I told her that I wanted a complete copy of my file, and paperwork to terminate the attorney/client relationship. It was amazing how quickly "came into the office."

I should have gone to the overseer of the state bar for this, but I was too busy hiring another lawyer to undo what had happened. That was why I needed the file... and I didn't have time to worry about revenge.

The moral of this story... never put up with not getting a call returned from somebody in the office. You should at least get a call within a day. If you don't, as was suggested here, notification of the trustee should do it. It is kind of the nuclear weapon option, as your lawyer may not be very happy to represent you after that, but we in bankruptcy are kind of used to the nuclear option...

[riverlady]

As an added note: attorneys are always busy and may hire staff to assist you with your issues. Find out what staff member will be assisting with your case and work up a relationship with them. I can assure you that if you develop a good working relationship with this person they will bend over backwards to assist you in whatever issues you may have.