QUESTION

What are my options if I have bankruptcy attorney issues on surrendering property, and what moratorium advice can you give?

Asked on Jul 02nd, 2016 on Bankruptcy - Nevada
More details to this question:
I have the house ($100,000) truck ($27,000) and miscellaneous other debt ($16,000) tied up in a Chapter 13. I chose to keep the truck initially (10/2015), but I am not able to maintain my property (house or truck) or handle pressing issues that have come up recently. My attorney advised that I keep the truck. I want to get rid of it. I did some research and found out that I can get rid of the truck, end up with a deficiency claim, and should be able to amend my Chapter 13 and toss that in there as an unsecured debt. I don't want this truck anymore! I am trying to accelerate the bankruptcy process and can get a used car for $1,500. I have told my attorney for 3 months that I've had issues with the steep payments to the trustee and I am unable to cover all the issues with my AC, my property damage to the perimeter fence, and $6,000 worth of hail damage on the truck. I did more research and found out that my attorney could have suggested we file a 90-day moratorium. To top it all off, he is virtually impossible to get a hold of, and at times, has had another attorney answer my questions. I am really not happy being passed off, with his advice and lack of solutions to counter what I am trying to accomplish. He doesn't seem to be willing to do anything past the initial filings. I'm depressed, stressed, and ready to stop making my payments. I know that is the wrong thing to do, so I sent him an e-mail advising him what I want to do and I want to file a motion in July to get a moratorium. I need money to fix all the issues that I cannot cover with what little I get after the trustee payment and an emergency fund. I'm not asking to go to the Bahamas or take a 2-week cruise, I just want to fix my truck, property, and have money held back for future issues as I complete the bankruptcy process. After all the bills are paid, I have maybe $300 left to my name. I've already over drafted my account twice this year to cover out-of-pocket medical expenses. I skipped a single payment.
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2 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Sounds like you have an attorney who doesn't do a lot of bankruptcy work. There is no reason to keep the truck, if you don't need it and don't want it. The moratorium is only a stopgap measure, that doesn't cure any problem except a temporary one (if you're having a baby and will be on unpaid leave for a couple months, that works pretty well). You need to get a modification of your plan that ends the payments for the truck and makes any deficiency an unsecured debt.
Answered on Aug 03rd, 2016 at 6:54 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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If you do not want to accept the advice of your attorney, you are always free to retain another attorney in replacement. Based on what you have explained, I believe you have unrealistic expectations of what bankruptcy can accomplish for you and what you can afford. You are the client, and are welcome to learn things the hard way if you like.
Answered on Aug 03rd, 2016 at 11:11 AM

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