How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attorney T. Lodge Your Own Question

Attorney T. Lodge
Attorney T. Lodge, Attorney
Category: Bankruptcy Law
Satisfied Customers: 45
Experience:  10+ Years Experience Chapter 7 and Chapter 13 Attorney
14913335
Type Your Bankruptcy Law Question Here...
Attorney T. Lodge is online now
A new question is answered every 9 seconds

I have been in Chapter 13 bankruptcy since 2004 and $100 a

Resolved Question:

I have been in Chapter 13 bankruptcy since 2004 and $100 a mo has been taken out of my check.I have paid all of the amount that was owed on the bankruptcy,but because thier was a change in my plan the trustee tells me the $100 will continue to be taken from my check for the next 6 months ad later refunded to me.HELP!!.I need the money so baldly now.I had discharged my bankruptcy attorney because he had not helped me when I lost my home through foreclosure,not accessible to me at all and I did not think I would need an attorney any longer since my bankruptcy was almost complete.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Attorney T. Lodge replied 5 years ago.
I would need to take a look at the online records of your case to understand what the trustee is asking you to do. Typically, Chapter 13 plans are reviewed once per year and adjusted up or down. If you were in since 2004, you would be coming to the end of a 60 month plan in 2009.

Are you saying that you were supposed to be paying a higher amount 6 months ago, but that they neglected to increase the payment accordingly? And now the trustee wants the funds?
Customer: replied 5 years ago.
INTIALLY, WHEN I FILED FOR BANKRUPTCY 10-2004 , $200 WAS TAKEN OUT OF MY CHECK A MONTH.I WAS UNALBE TO EVEN HAVE ENOUGH MONEY LEFT TO BUY GROCERIES AFTER THIS AMOUNT WAS TAKEN OUT OF MY CHECK AND I REQUESTED MY PLAN BE MODIFIED TO ONLY HAVE THE $100 BE DEDUCTED AND 3 MONTHS LATER OR SO THEY FINALLY STARTED TAKING ONLY THE $100 FROM MY PAY CHECK.IN 10-04 I RECIEVED A REPORT FROM MY TRUSTEE THAT $252 WAS THE AMOUNT THAT WAS LEFT TO BE PAID ON MY BANKRUPTCY,SO I ASSUMED THAT IT WOULD END IN 1-09,BUT THE AUDITOR AT THE TRUSTEE OFFICE TOLD ME THAT THE PLAN WAS FOR 7 MORE MONTHS AND THEY WOULD CONTINUE TO DEDUCT THE $100 FROM MY PAY CHECK AND NOT DISMISS MY CASE.SHE TOLD ME I NEEDED AN ATTORNEY TO FILE A MODIFICATION IN MY PLAN OR TO FILE MYSELF AND GAVE ME A WEB SITE TO FIND THE FORM,BUT WHEN I CHECKED THE WEB SITE SHE GAVE ME I COULD NOT FIND THE FORM FOR A CHANGE IN MY PLAN.I NEED SO MUCH FOR THIS TO BE DISMISSED AND START A NEW CREDIT HISTORY AND CERTAINLY DO NOT HAVE THE FUNDS TO HIRE ANOTHER ATTORNEY.
Expert:  Attorney T. Lodge replied 5 years ago.
Normally, when a plan is accepted it states the total amount of the payments. It sounds like the trustee's auditor believes that your plan needs to continue for an additional 7 months to generate enough $$$ to satisfy the terms of the plan.

Without seeing the documents, it is a little hard to discern the exact history of what happened from year to year on your plan.

I believe that procedurally you would have to either file an amended plan which basically states that the amount already paid by you is the total amount of the plan. Alternatively, I believe you could apply for a type of hardship discharge which basically requests your bankruptcy discharge now regardless of the fact that you have not (in the eyes of the trustee) completed your payment schedule.

As always, it is best that you retain local bankruptcy counsel in Georgia who can best advise you on what to do.

Good Luck.
Customer: replied 5 years ago.
HOW CAN I APPLY FOR THE HARDSHIP MYSELF WITHOUT USING AN ATTORNEY????
Expert:  Attorney T. Lodge replied 5 years ago.
I believe the applicable bankruptcy code section is § 11 U.S.C. 1328(b) for the hardship discharge. You would need to write and file an appropriate motion to file with your local bankruptcy court.

Again, you may want to speak with the Clerk of the bankruptcy court for further procedural advice. They may or may not be able to help you.

Also, I always recommend seeking the advice of local counsel if at all possible.

Good Luck.
Attorney T. Lodge, Attorney
Category: Bankruptcy Law
Satisfied Customers: 45
Experience: 10+ Years Experience Chapter 7 and Chapter 13 Attorney
Attorney T. Lodge and 2 other Bankruptcy Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
< Last | Next >
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    3203
    Bankruptcy Lawyer. Experienced.
  • http://ww2.justanswer.com/uploads/TL/tleeders/2012-6-13_204815_TSL1.64x64.jpg Terry L.'s Avatar

    Terry L.

    Attorney

    Satisfied Customers:

    2204
    Better Business Bur 15yrs bankruptcy experience. Chicago Bar
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    950
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/CO/cortrightlaw/2011-12-5_4117_Kevin.64x64.JPG cortrightlaw's Avatar

    cortrightlaw

    Attorney

    Satisfied Customers:

    490
    Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
  • http://ww2.justanswer.com/uploads/Jay1968/2006-12-03_004423_JoeRossPhoto.jpg JoeLawyer's Avatar

    JoeLawyer

    Attorney

    Satisfied Customers:

    376
    Attorney in the practice of Bankruptcy Law since 1996
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    Attorney

    Satisfied Customers:

    370
    35 plus years of experience specializing in bankruptcy law
  • http://ww2.justanswer.com/uploads/US/USLawAnswers/2012-9-20_23143_20090105211638Headshot3b.64x64.jpg Brent Blanchard's Avatar

    Brent Blanchard

    Bankruptcy Attorney

    Satisfied Customers:

    315
    Twelve years experience in all aspects of debtor & creditor BK.