cortrightlaw : I would be glad to help you what are your questions?
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.
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
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.
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
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
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.
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?
you only need to request a hearing when the trustee objects to the modification, otherwise you upload the order and the judge signs it.
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.
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
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
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.