What can we do if my hours have been cut and I need to make changes to my bankruptcy file? - Bankruptcy Law Questions and Answers- LawQA.com

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What can we do if my hours have been cut and I need to make changes to my bankruptcy file?

We filed for chapter 13 bankruptcy 04/2010. We were told at our court date if there was any change to our financial situation to contact our attorney. My hours have been cut to 32.5 hours a week, and I have hit the ceiling for raises at my job. We have tried to contact our lawyer about this, but he will not answer our calls. What can we do?

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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Get a new lawyer. A new lawyer can be paid from future plan payments. Report your current lawyer to the California State Bar, see the web site for details.

Answer Applies to: California
Replied: 9/21/2011

Answer By Kevin Heupel
Heupel Law
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The ability to drop your payments depends on the type of debts you are paying in your Chapter 13 plan. Sometimes the plan is as low as it will go regardless of your income. Other times, you can modify your plan due to a decrease in your income. If you are unable to discuss the situation with your current attorney, you can always hire another attorney to modify your plan.

Answer Applies to: Colorado
Replied: 9/20/2011

Answer By Duncan T Pham
D T Pham Associates, PLLC
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Contact your ch 13 trustee and inform him of the changes. More importantly, can you still afford to make the plan payments ??? If not, your trustee may convert your case into a ch 7 liquidation.

Answer Applies to: Texas
Replied: 9/20/2011

North Sound Law, PS
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One - find another attorney. If your attorney isn't returning your calls, find someone new to take over your case. Two - once you find that new attorney, he or she will be able to advise you about whether or not you should consider converting to a Chapter 7 case or whether to seek a temporary reduction in your Chapter 13 plan payments or whether to seek a modification to your Chapter 13 plan.

Answer Applies to: Washington
Replied: 9/20/2011

Theodore N. Stapleton, PC
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You need to file an amendment to your chapter 13 plan based on change in circumstances.

Answer Applies to: Georgia
Replied: 9/20/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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Chapter 13 bankruptcy plans may be amended if feasible due to a change of circumstances.

Answer Applies to: Colorado
Replied: 9/20/2011

Bankruptcy Law office of Bill Rubendall
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If your circumstance has changed you have the right to file a modification or change of monthly payment. You lawyer will handle that. If you are having trouble with your lawyer you have several rights, including the right to fire your attorney. You also can file a complaint with the State Bar.

Answer Applies to: California
Replied: 9/20/2011

Law Office Of Magnolia Zarraga
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It sounds like you filed a chapter 13 bankruptcy. If you are having problems making your trustee payment it is very important for you to contact your attorney. There may be options such as amending your plan, or converting your case to a chapter 7, sometimes the trustee can offer a grace period a month or two without payments, but you'll have to make them up later on. Try again to contact your attorney make sure to leave a detailed message with your name and phone number, tell them you've left several messages, wait a few days, if you still don't get a return call, stop by your attorney's office to find out what's going on. If you still get no response, contact the trustee in your case and let them know what is happening. I can almost guarantee a call from the Trustee will not be ignored by your attorney. If you fail to make your payment to the trustee the trustee will seek to dismiss your case. So until you get a hold of your attorney keep making your payments.

Answer Applies to: California
Replied: 9/20/2011

Law Office of Lynnmarie A. Johnson
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Write him a letter and if he still doesn't respond call the Ch 13 Trustee sand ask if there is something wrong. Perhaps something is wrong and he is out sick or something. If not, your local Ch 13 trustee will be able to advise you on your next option.

Answer Applies to: Michigan
Replied: 9/20/2011

Answer By Dan Wilson
Dan Wilson Bankruptcy
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If your drop in income is permanent and significant you may be able to modify your Ch 13 plan, and your drop in income may make it possible to convert to Ch 7. (That depends a lot on why you filed under Ch 13 in the first place. Very complicated conversation you have to have with an attorney.) Shop around for a new attorney. Ask how many 13s he has done, if he has ever modified a Ch 13 plan or ever converted a 13 to a 7.

Answer Applies to: Colorado
Replied: 9/20/2011

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