QUESTION

How do I get my chapter 13 payment lowered?

Asked on Jul 24th, 2016 on Bankruptcy - Wisconsin
More details to this question:
When our Chapter 13 was confirmed, the payment was over estimated by approximately $600. We ended up not actually owing as much money on delinquent property taxes as our attorney had estimated and also many of our creditors did not file a claim. Our attorney told us that after everything settled out, we could adjust the payment accordingly. At this point, we have 53 months left in the plan but at the rate we are paying it, we would have it completed in 32 months. It would be great to have it completed early, but we are falling behind and struggling because the payment is so high it is causing a great hardship. We have contacted our attorney several times over the past four months and he does not get back to us. In addition to this, we were offered a modification from our mortgage company which they sent to him for review and he sent us a letter stating that he could not assist us with it. No explanation, just stated that and nothing else. We have not had any problems whatsoever with our relationship with this attorney and we are baffled by his attitude. We don't know how to proceed because we don't have the funds to hire a new attorney. We are trying to make a decision about the modification offer ourselves without having any legal counsel. We don't know how it would affect our bankruptcy. We desperately need to have our chapter 13 payments lowered and don't know how to achieve this when our attorney will not respond to us. Any suggestions would be greatly appreciated.
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6 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You need to file a motion to modify your plan. As to your problem with your attorney, look at your contact, to check what you hired him for. Did you hire him just to file the Chapter 13 and get it confirmed? Or did you hire him to represent you for the life of the plan? Obviously, if you only hired him through getting the plan confirmed, he has no further obligation to work with you. But if you hired him through the life of the plan, send a letter to the bar disciplinary counsel and the local US trustee's office, explaining that he is now refusing to do the work he was hired for.
Answered on Aug 29th, 2016 at 3:54 AM

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Landlord & Tenant Attorney serving Thibodaux, LA at The Louque Law Firm, L.L.C.
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Your payment may have been "over estimated" because you were an above the means debtor and the Form they call B22 dictated your Chapter 13 Plan payment. Most judges will require you to pay the B22 payment because they view it as a more accurate assessment of your financial situation unless you can show them something that was different about the 6 months before you filed that is not present when you go to plan confirmation and is not likely to persist through the plan (the most common example of this is an isolate incident of a lot of overtime). Note that if you get a lot of OT once a year (turn arounds in plants, etc.) your payment will be B22 because you will be expected to save the money from the extreme OT months to pay your plan payments during the lean months. You are going to need a really good reason to lower your payments and I do not know of many Chapter 13 Trustees or judges that will let you stretch out payments over 60 months when it can be paid in 36 or even less because frankly most people in bankruptcy are in bankruptcy for a reason and those reasons always seem to creep up in a 3 to 5 year period. A good reason would be that your income has been reduced since you filed. A good reason would not be "the bankruptcy law is unrealistic and we cannot live under the original plan payment calculations." It's just the harsh reality. Your attorney may simply not handle loan modifications. The fee you for a Chapter 13 bankruptcy case paid probably does *not* include work on loan modifications. You do not say how long you have been in bankruptcy but if all claims are in and the "bar date" for claims has passed, I usually call the client in but in 85% of all cases, they are overspending and can tighten the belt somewhere to make it work for the short period of time remaining. In the other 15% they have experienced some true financial loss since the bankruptcy filing and an amendment is necessary. I do not know what situation you are in as only your attorney can sit down and explore those options. All I can say is that it has been my experience that you will not get very far with the trustee and judges by saying "my payment should be lawyer because the law says I should spend less" (or anything similar).
Answered on Aug 26th, 2016 at 2:27 PM

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Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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Contact the Trustee in your case and explain what is going on with your attorney. I'm sorry but since you are represented by an attorney we cannot represent you. But the Trustee will be very concerned if he hears your attorney doesn't get back with you. That should get some results. Good Luck.
Answered on Aug 26th, 2016 at 2:26 PM

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You should consult with another bankruptcy attorney right away. It is not necessary to keep the same one if they are not doing what you need.
Answered on Aug 23rd, 2016 at 6:37 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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As you are clearly represented by Counsel, offering you advice would not be appropriate. I do suggest that you go to his office and sit in his/her waiting room until he/she speaks with you.
Answered on Aug 23rd, 2016 at 6:35 PM

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First things 1st: Sit on your Lawyer. No doubt you paid this person good money for a task; he should not leave it half done. You need an amended plan with an amended budget to support it. He should not be allowed to cast his uncompleted task on other lawyers to advise you for free.
Answered on Aug 23rd, 2016 at 6:34 PM

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