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 DrakeLAW Your Own Question
DrakeLAW
DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 442
Experience:  Attorney at Drake Law Firm PLC
89364048
Type Your Bankruptcy Law Question Here...
DrakeLAW is online now
A new question is answered every 9 seconds

I filed chapter 13 in 10/2014. I have been trying to

Customer Question

I filed chapter 13 in 10/2014. I have been trying to purchase a car since the 1st of May. My attorney finally sent me a motion to sign on approximately 6/28/2016. I have not heard from the court or him. I call his office and he never calls me back. What can I do? I also question whether it should have been a chapter 7.
Submitted: 3 months ago.
Category: Bankruptcy Law
Expert:  DrakeLAW replied 3 months ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

Thank you for your question. You can still ask clarifying questions if needed until you are satisfied, there is no charge for follow-up questions. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. It is important that you are 100% satisfied with my courtesy and professionalism. Finally, please be so kind as to promptly rate this answer favorably so that I may be compensated and the question may be closed in the system. I wish you the best in your endeavors! –Rich

That is frustrating for sure. There's a couple questions in there. First, do you know if you would have qualified for a chapter 7? Do you recall why a chapter 13 was chosen?

Customer: replied 3 months ago.
Well I am not sure. I have adopted 3 of my great nieces & receive an adoption subsidy & think that he included this & am not sure if that was necessary. I am retired & my monthly check is about 4450. I'm was told that I made too much money. I also get SS.
Customer: replied 3 months ago.
I had to file because I cosigned for a car that was not insured then wrecked.
Customer: replied 3 months ago.
I don't want to incurr any additional charges in this site. Can you not answer my question.
Customer: replied 3 months ago.
You are typical attorney. No helpful answer.
Expert:  DrakeLAW replied 3 months ago.

Well that is correct that one must qualify to file chapter 7, but given what you described, I wonder if you qualify. Your attorney should have provided you a means test to show you that you make too much money. Social security funds are exempt from that too. If you have adopted 3 people and have at least 4 people in your house, I have a feeling that you qualify for chapter 7. You can convert from 13 to 7 at any time. Maybe that is something you need to look into.

As far as getting the response from your attorney, there is not much I can say for that. It does not sound like he or she is serving you well. Why don't you contact a new attorney? If you do a conversion, there may be money coming back to you from the trustee and that may more than pay for an attorney to convert you.

Does that help?