QUESTION
Can you say these are legitimate issues with my detailed information?
Asked on Jun 26th, 2013 on Bankruptcy - Arizona
More details to this question:
I have recently secured gainful employment, so I am going to re-file my chapter 13 case, as it is up for dismissal due to three missed payments. I am wondering is it possible to change my attorney since I have the following concerns: student loans were not to be included in my original repayment plan but a few of them were *I was forced to include my vehicle (9 years old) that had a remaining balance of 6k but increased to 11k as a result of it being paid off through the bankruptcy (5 year repayment) *During the 341 hearing the trustee question my attorney on how the repayment plan was structured and requested that it to be revised based in my student loans not being accurately reflected when determining my overall debt.
5 ANSWERS
It is always possible to obtain new counsel any time you are dissatisfied with the service you are receiving. There may be penalties applied depending on the terms of your retainer agreement. I cannot comment on the "legitimacy" of the issues you mentioned as too many facts are missing. Normally, when you are paying off a vehicle within the plan, the cost of the vehicle does not go up. What happens is, after the vehicle is paid off, the payment that used to go to the vehicle now goes to the unsecured. The trustee wants all of your disposable income paid into the plan. This includes your car payment funds once the car is paid off. It is common to use the 341 hearing in a 13 to iron out any issues with the plan prior to confirmation.
Answered on Jun 28th, 2013 at 7:43 AM
General Practice Attorney serving Coeur d'Alene, ID
at
Michael B. McFarland, PA
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You can change to a different attorney, particularly if your present one is not adequately communicating with you. You may want to consult with another experienced bankruptcy attorney both to get a second opinion, and to see how you get along with him or her, before the case is dismissed. It may (or may not) be advantageous to seek a modification of your existing plan to fix the problems. Unless you have already done so, you might try sitting down with your current attorney and expressing your concerns, and see if you can get an adequate resolution that way.
Answered on Jun 27th, 2013 at 12:51 PM
Unless you proposed to pay 100% of your debts in your Chapter 13, it is not possible to provide for payment of your student loan either through your bankruptcy or outside of your bankruptcy in direct pay. I suspect you will need to hire another attorney to represent you on a subsequent Chapter 13 because I doubt your current attorney will want to represent an already disgruntled client.
Answered on Jun 27th, 2013 at 12:18 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You can change attorneys. You should send the attorney a discharge letter. The attorney will file a motion to withdraw.
Answered on Jun 27th, 2013 at 10:47 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You have the right to hire the attorney who you feel best fits your needs. Please understand that bankruptcy is a difficult process but chapter 13 is an extremely complicated process.
Answered on Jun 27th, 2013 at 9:51 AM