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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17248
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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i filed chapter 13 in the state of indiana and got trutees

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i filed chapter 13 in the state of indiana and got trutees objection to confirmation ;debtors projected disposable income.i stopped payment to trustee.i do not trust my my attorney that i all ready payed 1000.00 dollars to.what can i do now.can thay freeze my checking account.


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification


Was the case dismissed?


Who froze your checking account?


If you are still in a chapter 13, a creditor cannot freeze your accounts, and you can convert to a chapter 7 bankruptcy, which would not require any payment plan, and would discharge your debtsif you do not have the disposable income.

Customer: replied 4 years ago.

my case is not dismissed and no one has froze my account.i need to know what to do i have no loans with my bank and do share another checking account as well with my boyfriend.i pay my car payment outside of the filing and is up to current.

At this point the trustee can dismiss your chapter 13 and at that point creditors can attach any property you have such as checking accounts, in this type of case, you can convert your case to a chapter 7, and discharge your debts, and reaffirm your car, which means you can keep your car.

A chapter 13 requries excess monthly income to make chapter 13 payments, a chapter 7 does not require such income.

Customer: replied 4 years ago.

can i get another lawyer to to convert to chapter 7

Your attorney should file the motion to convert it is fairly easy, or you can have this case dismissed, and refile a chapter 7 later, the only issue with a chapter 7 is that you must have household income below the State average and limited personal property to qualify, what you should do is speak to your attorney and if they do not help you, at your next confirmation hearing advise the trustee you want to have your case converted he may also file such a motion on your behalf.

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