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Chapter 13 Nightmare

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  • Chapter 13 Nightmare

    I filed chapter 13 about 1 1/2 ago. It has been a nightmare from the start. I dealt with many Chapter 13 lawyers and paralegals at the same firm. Everyone had a different story. The trustee I drew was a tough one and least what I have been told by the lawyers.

    So this is the meat of my story. I paid for attorneys fees ($2000 plus up front). My original BK13 payment started at a manageable amount, then after about 8 months it was increased by $300. I was told oft out of my 401k and my retirement plan. Finally after at least 1 yrs, the plan was confirmed. After another 2 months trustee finally started paying the creditors.

    I am just beside myself to understand how they get a way with this. I pay the trustee, pay the creditors and pay the attorneys. Everything I asked my attorney to object to something the trustee was doing, they politely refused. Basically telling me they wouldn’t make any changes. For example, I wanted to change the payment due date and the attorney advised they wouldn’t do it.

    Well finally we have decided to refinance our home and pay off early and of course we are paying back at 100 percent, but it worth getting away from these people.

    I have the same feeling as when I go to buy gas, they know they can get away with it and they do. My hope is same day, just like the IRS finally has to come down of their throne, Trustee will treat debtors with the same respect as creditors.

    I welcome any comments.
    Last edited by NeverAgain247; 05-28-2006, 02:02 AM.

  • #2
    Bankruptcy IS a nightmare, in general. Not something to be taken lightly.


    • #3
      I understand your flustation with your Chapter 13 BK nightmare. While I have not had to deal with it as long as you, the process to confirm the plan appears to be dragging out more than usual.

      Question, was your plan always 100% payback, or are you doing the 100% payback to just get away from the Chapter 13?
      Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
      Plan Confirmation 6/16/06 :yahoo:
      Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:


      • #4
        It was a 100 percent payback plan I guess. Quite honestly they lawyer really didn't explain much to use. Kept hearing different stories the 13datacnter website show 100 percent payback on bot secured and non secured. Between lawyer and and trustee and I had enough. I feel they both made fools of us and we spend a lot of money.


        • #5
          gotta ask - u are refi-ing to get out of 13 - can I ask the details on the equity you have in your home, your payback and all that good stuff...
          My lawyer wants us to refi out to get out of this... but would require 100% loan which I understand now is next-to-impossible - so I would love to hear your story on this... I too am at 100% payback, so no worries there.

          My lawyer is fairly descent - and the trustee seems "ok" as we have had little to no interaction with him - it's the MORTGAGE company that wants to see us squeezed for everything we have and will twist and manipulate the situation in whatever way they can - and for ANYONE who says they don't want to see you forclose - I think that's a little bit of a stretch, cause they have done WHATEVER they can to screw us from almost day 1.

          Anyway... yup, this just sucks


          • #6
            Sounds like Chase...


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