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Ask WALLSTREETESQ Your Own Question

Category: Bankruptcy Law
Satisfied Customers: 16113
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I have been working with an attorney to file chp 13, and she

Customer Question

I have been working with an attorney to file chp 13, and she has not been help at all. I lost my business, and got divorced....and have had a very hard time finding a roommate, and finding a steady job. I have an appointment tomorrow at the court...and my attorney thinks they will not continue with my case as I cannot make the payments, and have not been able to make my house or car payment. I also have been in and out of the hospital and have lost a lot of money that way as well. What can I do? Is there anyway to restart my case so I don't loose my house or my car......I won't be able to see my son, or get to work if this happens. She has been very difficult to work with, and very last minute. I have no money to pay another attorney....I could make payments.......Please HELP!!!!!
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.
in a chapter 13 if you withdraw the case, and it is done without prejudice, you can refile a chapter 13 when you get a job and can pay your bills, this might be your best option as of now you cannot afford the chapter 13.

This can be done pro se without an attorney, it is the same petition already filed, go to the clerk at court and see if they help you
Customer: replied 5 years ago.
That doesnt answer the questions about losing my house or my car in the meantime?
Expert:  WALLSTREETESQ replied 5 years ago.
the new chapter 13 saves your house and your car. Aside from that option unless you have income to refinance your home the new bankruptcy is your last and only rescue plan
Customer: replied 5 years ago.
My attorney says that it will not save my house and car. Thats why I want to withdraw with her, and get a new attorney. What do you think I should do? and if I withdraw can I get a new attorney asap and help save everything?
Expert:  WALLSTREETESQ replied 5 years ago.
when you have income, file it, if you have no income you cannot complete the chapter 13, it would not be approved.
Customer: replied 5 years ago.

So in the process I will loose my house and my car......????

Expert:  WALLSTREETESQ replied 5 years ago.

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