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DrakeLAW, Attorney
Category: Bankruptcy Law
Satisfied Customers: 756
Experience:  Attorney at Drake Law Firm PLC
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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: 12 months ago.
Category: Bankruptcy Law
Expert:  DrakeLAW replied 12 months ago.

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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 12 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 12 months ago.
I had to file because I cosigned for a car that was not insured then wrecked.
Customer: replied 12 months ago.
I don't want to incurr any additional charges in this site. Can you not answer my question.
Customer: replied 12 months ago.
You are typical attorney. No helpful answer.
Expert:  DrakeLAW replied 12 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?