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 cortrightlaw Your Own Question

cortrightlaw
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
63110502
Type Your Bankruptcy Law Question Here...
cortrightlaw is online now
A new question is answered every 9 seconds

I have a couple of questions, the first one is about bankruptcy.

Resolved Question:

I have a couple of questions, the first one is about bankruptcy. I have been in chapter 13 for 4 years.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  cortrightlaw replied 2 years ago.

cortrightlaw : I would be glad to help you what are your questions?
cortrightlaw :

Are you there?

Customer: yes, I here sorry. I have Ben in chapter 13 for four years and my income was cut last November, enough that I could no longer afford the payments. My attorney had my payment lowered but now I find out my bankruptcy will continue another five years. Was there some way to modify the terms, say turn it into a chapter 7?
cortrightlaw :

That does not seem to make sense, I have never had one go more then a month or two over the 5 years. If you income drops usually you go in and modify the payment, and modify the percentage you are paying to your unsecured creditors. Are you paying back secured creditors like a past due mortgage?

Customer: No, those have been paid. I had back taxes but let me check to make sure
cortrightlaw :

back taxes if they were not old enough to be dischargable would have to be paid back at 100%, but I still can not see them letting you go on for that long.

Customer: It looks like as all amount is still owed to the IRS but that doesn't really make sense because they just sent me a letter saying I overpaid last year and will be getting a refund or maybe it does, I pay estimates.
cortrightlaw :

In my district if you can not afford to pay the secured debt back within the 5 years they would just deny confirmation of the plan or in the case of a modification they would dismiss the case or convert to a chapter 7.

cortrightlaw :

Are you sure that your case was not started over for some reason?

Customer: I've been trying to get ahold of my attorney for weeks, not about this though. I just got the documents in the mail yesterday. What would you suggest, just to give me some understanding of this. It never occurred to me it would continue on and I was never told anything
cortrightlaw :

You need to get a hold of your attorney so he can look deeper into it and see what is happening and explain it to you. The other option would be to call the trustees office and see if anyone in their office will clarify it for you.

cortrightlaw :

Also make sure to look at the order that was given when the case was modified for some clarification.

Customer: No, I just saw your question. Nothing like that. I receive alimony, quite a lot and last November it was lowered a few thousand dollars a month
cortrightlaw :

The other possibility is that when your attorney did the motion to modify the payment down, he did not include a request to lower the percentage paid to the unsecured creditors? Again you would have to look at the motion he filed and the associated order.

Customer: O.k. I'll check my file for it but I'm pretty sure it just said the amount was adjusted. It took months to change the amount, my attorney dragged his feet and I paid the higher amount, barely for three months. Then I had to explain that ai got a tax refund, etc. but I was told I'd get the excess money back. My next payment for taxes is in two weeks and I can't afford to pay it. Now they said they will not be sending me anything back
cortrightlaw :

Hopefully you can get a hold of your attorney, or another attorney as it sure seems like you need some professional assistance with your case.

Customer: Can I get back to you in a bit? I need to find the document because it was very brief.
cortrightlaw :

yes, if I step away just put in your question and I will respond when shortly.

Customer: Ok I have the order and it says application to modify chapter 13 and the court found the application in order and approved the lowere payment but then it goes on to say the time within which to object has expired and no request for a hearing etc was requested. So I guess just the
Customer: It only says the payments were lowered but that no request for a hearing was requested and now that's expired. Is that bad?
cortrightlaw :

you only need to request a hearing when the trustee objects to the modification, otherwise you upload the order and the judge signs it.

cortrightlaw :

It seems like the issue is that there was not a request to modify your percentage to unsecured creditors filed which could explain the length of your plan.

cortrightlaw :

You are going to have to talk to your attorney or the trustee to find out what the exact issue is, its to bad your attorney is not returning your calls.

Customer: Ok isince there is no mention of the creditors and there 99% unsecured debt, what else should have been on this order. Would it have been included that the balance was also adjusted?
Customer: I meant the percentage I owe them
cortrightlaw :

what do you mean by 99% unsecured? what was your original amount to be paid to the unsecured creditors?

Customer: Ok, I see my questions are interrupting your advice and I'll stop. If there's anything else you can tell me I'd appreciate it, otherwise I'll accet your answers. Thank you very much, you've been very helpful
cortrightlaw :

I wish I could provide more help, but I do not think I can offer much more help on this one, someone needs to look at your complete case and talk maybe talk to the trustee to see what is actually going on, hopefully I have given you some insight into the problem

Customer: Oh, sorry. There is about $700 still owed to the IRS and the unsecured was about $100,000. During 2007 I had my ex-husband act as power of Attorney for eight months. He's a C.P.A. Very respected and I never even realized he never laid much to anything and never paid my estimates for eight months. It's long and involved, plus a lot of money was involved. So I won'rt go into it
Customer: Ok thank you again, you have helped me.
cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience: Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
cortrightlaw and 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.
 
 
 
Chat Now With A Bankruptcy Lawyer
cortrightlaw
cortrightlaw
Attorney
511 Satisfied Customers
Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.