Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Scared and frustrated Chap 13

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  • Scared and frustrated Chap 13

    Hi....I don't know if anyone is out there....I need advice on my chap 13 which was supposed to be done March 2, 2017. So- long story- I will TRY to shorten. In 2008 my now ex husband and I filed.chap 13 to save our home which we had fallen behind on. Not alot of other debt owed- and everything else was paid up. It was ex hubs idea, who by the way was mentally and physically abusive, and I did everything he told me to do. I showed up to sign the papers at Attorney's, was talked into putting my Harley into the plan which at the time had 3.5 years perfect, on time payments. Attorney said it would be paid down faster, etc. Fast forward 3 years. Hubs is acting funny, whining about wanting to refile, etc. I thought he was saying suspicious things so I called the attorney and they told me we had been dismissed 2 weeks prior. Turns out hubs had not been paying and was hiding mail and attending hearings unbeknownst to me. I seriously had NO IDEA any of this had happened. I had already filed for divorce anyway since hubs had slept with my best friend. I scrambled around and refiled chap 13 on my own. Was told I did not qualify for a chap 7, because I did ask. During the life of the first filing the trustee only paid on the house. The Harley went 3 years with no payments. I had it paid down to $9, 000 and it was now back up to $15,000 with interest. So when I filed by myself the attorney suggested I let the bike go. No. Not now. Too much invested to quit now. Plus- why would I get a repo on my record along with 2 bankruptcies. Fast forward 5.5 loooong years. My payments started at $853 biweekly, went up to $1015 biweekly without any warning. After 6 paychecks of that I fought it back down to $830, then after the birth of an unexpected baby and my budget going up my payments also went up to $870.64 biweekly and have remained there the last 4 years. I was forced to go part time at work due to a seniority based realignment on my unit, and I lost hours and my benefits costs doubled. Despite all.this, payments weren't lowered but every one of my payments were taken out and made. If I don't get any overtime, I bring home $40. I have 4 kids- 3 of which are all graduated now. I have had 2 kids in college, never had a dime of child support etc. Again- all payments made to the plan as scheduled (payroll deduction) The trustee and attorney "allowed" me to keep all of my tax refunds which were quite large (I claim zero deductions and file head of household. I used the money each year to live off of as long as I could. I am so proud of myself for making it through this! So- a year before the end of this the trustee sent me an end of case audit letter. I contacted attorney, no one called me back. Trustee sent another, again I called attorney. Finally 2 weeks before case to end- attorney says I am thousands of dollars short. Now- why am I just now being told this? I follow on the NDC site and according to the plan that was set up , I am OVERPAID. I was given a detailed paper breaking down the plan in the beginning. How much money paid biweekly, for 60 months to equal $110,000. And it spelled out how everyone would be paid including trustee and attorney. I have paid $116,000 into the plan. Got in an email argument with the attorney 2 weeks before end of plan and she told me to "get a different attorney." The attorney has made $9,000 off me and the trustee has made almost $7,000 off me. Now I have heard nothing. The date came and went. I have heard nothing. What the heck?? Anyone been through a discharge (or lack there of) Like this? I'm sorry- I know this is alot of info..just wanted to be very detailed. By the way- I feel that chap 13 is ridiculously difficult, is presented in a dishonest way, and when I am done- I will tell evweyone in the free world to never ever ever file one!!!!

  • #2
    My question is- the paerwork that you get in the beginning- that literally spells everything out- is that not legit? Attorney says it is "projection." Wow. And also attorney says I will owe her MORE money after this is done and she will "bill me directly so I can make payments." I have been in this 8.5 years. 8.5 years of these people telling me what to do with every penny I earn. I'm so over it!!!


    • #3
      That could be very frustrating on your part but I've never heard anyone complain about chapter 13. Could it be that your attorney and trustee could not be trusted? Do you have all the record of your payment transaction?


      • #4
        Hi, jgirl22. I cannot even begin to understand what you have been through. It has been more than a couple months since you posted; I hope you are able to work things out. My attorney filed an application with the court for an increase in pay for his services rendered that make it look -- to me -- that he has not been paid through the plan at all. I hope I am mistaken, because at that rate, my case will be extended by another three months. That said, I can only appreciate a small amount of your frustration.


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