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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I have filed chapter 13 bankruptcy. I asked many questions

Customer Question

I have filed chapter 13 bankruptcy. I asked many questions and one answer in particular I celebrated. I was told by my attorney once my payment was determined and accepted I would began making payments to the trustee and my payment could not go up. The attorney said if some hardship were to take place it could be reduced but it would not go up. Is that true? Now I am being told by another attorney at the same law office that it is going to go up. Someone is lying to me, but who? The real question is can it be increased and if so what are the conditions?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Thank you for your question.

There is obviously some misunderstanding with your first attorney. The payment can go up based upon an increase in income which would require a modification to the plan
Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 7 years ago.
I have been lied to by my accountant and my attorney. I cam home from meeting with my attorney three times and celebrated. I felt I had a real chance. I had been off work for many months due to a disability and we filed chapter 13, surrendered our home and walked away with nothing but a payment we could afford. The celebration was because our attorney told us in plain english that once set our payment would not go up. It seemed my health problem had a fine silver linning. Our payment was set on my wifes income only. I thought attorneys had to tell you the truth for legal reasons. Thanks for your help all though I was hoping for a different answer.
Expert:  Ellen replied 7 years ago.
That is terrible. Consider reporting the attorney to the state Bar Association. Thank you and best wishes to you