QUESTION
I'm laid off and under chapter 13 how to proceed?
Asked on Sep 19th, 2013 on Bankruptcy - Michigan
More details to this question:
I just got laid off and am under a chapter 13 and cannot get my lawyer to see me or take my calls. I have no way to pay the court at this point and have not gotten any answers from anyone about anything. I am trying to support a family and being laid off is bad enough and to not have any answers on this just adds to the stress. Is there any action I can take on my own or do I need the attorney to do it?
11 ANSWERS
You need to file a motion to modify your plan or suspend payments. If your lawyer won't help get a new one.
Answered on Sep 23rd, 2013 at 4:46 AM
So what was the goal of your Chapter 13? And what, if anything, can you afford to pay on your plan under your current circumstances? And how long have you been in your plan? I can't offer you any kind of solution without knowing more about your case. Not a good question for an online answer, sorry!
Answered on Sep 20th, 2013 at 11:16 AM
Your attorney is required to see you. Make three very important calls: the chapter 13 trustee, the Assistant US trustee and your local bar association and report your attorneys behavior. Then find a new attorney and get the help you need. Sally J. Elkington ELKINGTON LAW Helping Good People With Bad Problems Sent from an iPhone. Please excuse typos and misspellings.
Answered on Sep 20th, 2013 at 10:08 AM
William M Stoddard
Does the trustee know of your situation? Contact the trustee. Their office can help put a hold on the plan.? Creditors need to know too. Are your unemployment benefits sufficient to cover the household budget you were allowed in the filing? Were you paying the rent outside the plan? Can you still do this? How do prospects for being back to work look? Your attorney who represented you in the setting up the plan is not now your attorney, that is why you are being ignored.? I am sorry some attorneys act this way. Most would at least contact you back and help someway to stop the plan from running. Eventually you may need to amend the plan once you have gotten employed again. The trustee may be able to help with the paperwork for this. At that point you can contact me and I can work on a consultation basis, meaning I would not roll on as your attorney, I would just help get the paperwork done right so you could get going again.
Answered on Sep 20th, 2013 at 3:51 AM
Deborah F. Bowinski
Be persistent and continue to try to reach your lawyer. It may be possible to modify your plan if you are not able to maintain the payments as it was confirmed. Or, it may be possible to move to convert your case to a chapter 7 or to request a hardship discharge. But your attorney is really the only one who has sufficient information about your plan and your situation to adequately advise you at this point.
Answered on Sep 20th, 2013 at 3:30 AM
Richard hirsh
IF you lawyer does not answer your calls, etc., the court can compel him to take care of your case or return his fees to you. If your loss of income is only temporary, you might be able to amend your chapter 13 plan in some fashion. Or perhaps you can convert your case to a chapter 7.
Answered on Sep 19th, 2013 at 4:58 PM
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I'd contact the staff attorney and see if they can help you out. You really need another attorney to see if you need to convert, dismiss or modify your plan.
Answered on Sep 19th, 2013 at 2:40 PM
2 Awards
You can convert your case to a 7 or if you wish to stay in a 13 you can amend your plan to allow for a reprieve of plan payments, but you cannot remain in if you are unable to make payments for an extended period of time. .
Answered on Sep 19th, 2013 at 1:38 PM
Sanford M. Martin
You can convert to a Chap 7 filing, or amend your Chap 13 Plan, whichever is best for your present financial situation.
Answered on Sep 19th, 2013 at 1:30 PM
You can file a motion to suspend your chapter 13 plan payments. Normally you would have your attorney do it for you.
Answered on Sep 19th, 2013 at 1:11 PM
You have an attorney of record, so they would need to do it. You could try calling the trustee in your case to see if they can get a hold of your lawyer, but that will most likely not work. Another option is you can contact a new attorney about doing a Plan Modification for you.
Answered on Sep 19th, 2013 at 1:10 PM