QUESTION
Would it be a bad idea just to let them dismiss our chapter 13?
Asked on Aug 23rd, 2013 on Bankruptcy - Connecticut
More details to this question:
We currently pay 100% with a payment of $1980. The vehicle that was included in the bankruptcy was totaled. The payout was sent to the trustee, so we asked them just to apply it in full. They ended up paying almost everything owed in full. All that is left is our mortgage, which is current and has been for the last 2 years. The problem is that our payment was never adjusted. We have been overpaying by $835 for five months. We have over $4000 on hand that has yet to be dispersed and grows. We have 6 months left, but we really need to get another vehicle. Also, we have been unable to get a lawyer to respond to us. The lawyer we started with 4.5 years ago no longer works there and we cannot seem to get any response from another lawyer at that firm.
7 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You need to file a motion to dismiss your current attorney and retain new counsel.
Answered on Aug 26th, 2013 at 11:16 AM
I do not understand your comment about overpaying 835 for five months.
Answered on Aug 26th, 2013 at 9:30 AM
Sanford M. Martin
A Chap 13 Plan may be amended. You may contact the trustee, with information as to how your amended Plan is constructed and the reasons. Realize that if you allow your Plan to be dismissed, any debts that will be discharged or revised under you Plan will not be discharged. Such Chap 13 Plans are often amended to fit changed financial circumstances.
Answered on Aug 24th, 2013 at 1:35 PM
Deborah F. Bowinski
Ask your trustee to do a payoff calculation for you. They should be able to tell you how much remains to be paid to pay off all the claims in the case.
Answered on Aug 24th, 2013 at 1:35 PM
Richard hirsh
If there is a surplus with the trustee it should be refunded to you. You should ask that the case be discharged if all creditors are paid. With regard to the attorney, his firm is responsible for you. You can bring that to the attention of the judge as well.
Answered on Aug 24th, 2013 at 1:34 PM
Bankruptcy Attorney serving Grand Rapids, MI
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David Andersen & Associates, PC
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It would be a bad idea. Paying back 100% to creditors means you are paying back 100% of the creditors who filed claims. If you dismiss the case, you will owe the creditors who didn't file claims. Try contacting your firm again or consider getting a different attorney if you need assistance and aren't receiving it.
Answered on Aug 24th, 2013 at 1:30 PM
Go to the firm and demand attention.
Answered on Aug 24th, 2013 at 1:30 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals