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Loren, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23330
Experience:  30 years experience in general legal matters.
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I am in a chpt 13 bankruptcy. My mother passed a few months

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I am in a chpt 13 bankruptcy. My mother passed a few months after the case began. She had property but no real cash assets and was in a nursing home. My lawyer advised me that I would have to turn over any inheiritance to the Chpt 13 trustee. I have no problem with that, but the properties are not all sold and there are estate bills that have to be paid before I will receive anything. The property is up for sale. My lawyer told me by email that the trustee wants me to start paying additional money monthly. I have not had any official correspondence about this matter, just emails between me and my lawyer. I don't have additional money and I have been paying as originally agreed in court. Can my lawyer just communicate this request by email? Now he is saying the trustee is threatening to convert my case to chpt 7 so hs can sell the property? After the estate is finalized and my sibling also receive their share of the inheiritance, the amount of money we're talking about is maybe only $15,000 max. The property is only valued at $62,000. Shouldn't there be a letter or official correspondence about his proposed change?
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

Also, my condolences on your mother's passing.

I understand your concerns and yes, your attorney should be communicating with you via letter so that you can keep your file updated.

However, as a legal matter, since the attorney is your official representative in the proceeding, all filings and correspondence from the trustee will go through him. In fact, in some instances, it would be unethical to contact you directly without the consent of your attorney.

Obviously, you should be provided with any official filings with the court concerning your bankruptcy case. You should let your attorney know that you want to receive copies of all correspondence received from the trustee.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

Customer: replied 2 years ago.
Can the Trustee change my payment amount without a change to my case ane re-evaluation of my ability to pay?
Expert:  Loren replied 2 years ago.
Thank you for following up with me.

A Modification is an adjustment to a confirmed case that must be approved by the Bankruptcy Judge. Once your case is confirmed, situations may arise making it necessary to adjust your Plan, such as: (1) interruption of income, (2) claims from your creditors coming in for higher dollar amounts that anticipated causing your Plan to be deficient, (3) increasing your monthly payments due to an increase in pay. Your attorney can advise you regarding these and other matters. Remember that the Bankruptcy Judge must approve Modifications.

Therefore, the payments should not be adjusted without some sort of notice to you or your attorney.

Thank you.


Loren, Lawyer
Satisfied Customers: 23330
Experience: 30 years experience in general legal matters.
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