When To File Bankruptcy » chapter 13 bankruptcy

can I fire my bankruptcy attorney?

admin — Mon, 08 Aug 2011 14:25:10 +0000

My husband and I live in Alabama and initially filed chapter 13 bankruptcy 2 years ago. We have had to revisit our chapter 13 once to have the payments reduced and surrendered our home and a vehicle in the process. I am no longer employed and we have lost about 20,000.00 in annual income, that puts our total income at less than 35,000.00 per year. I have returned to school under a pell grant and it is just enough to cover tuition and books. I contacted our bankruptcy attorney’s office and sent them the paperwork showing the change in income and a letter from my previous employer. We had to send it certified because they claimed to have never received it by fax or email. We want to convert to a chapter 7. We are renting a home, my husbands work has slowed to a crawl, the bank has yet to take possession of our house that we surrendered, we cannot make our bankruptcy payment and I cannot get anyone from the attorney’s office to call me back with any answers. Would it be a bad idea to fire this attorney and start again with a new attorney? Or is it just the way things are? It took us nearly a year to get our first chapter 13 revisited and at this rate we are going to be in huge trouble if we can’t get something resolved. I might even have to cash out the little 5000.00 I have in retirement. ( I am 45 years old). Any advice. I cry every day.

Technorati Tags: 45 years, bad idea, bankruptcy attorney, chapter 13 bankruptcy, chapter 7, paperwork, pell grant, possession, renting a home, retirement

I want to refinance my two year fixed mortgage. I'm in a Chapter 13 bankruptcy. Any good companies for this?

admin — Fri, 29 Jul 2011 09:38:35 +0000

I have been with the same mortgage company for almost four years. I started with an adjustable mortgage. After two years the rates and payments shot up. I modified with them to a two year fixed. This expires in August. Last November, I filed a Chapter 13 bankruptcy, which includes the mortgage. My attorney says to either work on another modification with the company I have, or to seek out a refinance somewhere else. Has anyone out there been in similar situations? What did you do? Any recommendations on a good company to go with?

Technorati Tags: adjustable mortgage, chapter 13 bankruptcy, good company, last november, mortgage company

What does it mean when you file a chapter 13 but you cant get a discharge?

admin — Sat, 28 May 2011 08:27:52 +0000

I have filed chapter 13 bankruptcy: August 07, October 07, and September 08. They are telling me that I can file a chapter 13 bankruptcy until Oct 09. I spoke with an attorney and he said that I can still file for bankruptcy, pay into the bankruptcy, but I won’t receive a discharge. What does that mean. I need to file, so that I can save my car. asap.

Technorati Tags: chapter 13 bankruptcy

Debt collection agency questions. Could this be fraud?

admin — Sun, 28 Nov 2010 19:14:25 +0000

My husband has been getting phone calls from a collection agency at work. The agent calls but when my husband answers he hangs up right away. They will leave messages but will not talk to anyone when they call and someone answers.

The supposed debt was from an HSBC credit card. We filed chapter 13 bankruptcy in 2006. The card application was dated April 2007. I would have never applied for a card after filing bankruptcy. We received a bill for a credit card from Orchard Bank which we had in 2005 and the account was placed on our bankruptcy case. So I contacted the attorney and he said to disregard the notice. We moved in 2007 and had problems with mail being forwarded back to our old address. We had electric, cable, insurance bills that were sent to our old address. I became concerned and called the providers. They told me that the bills were sent back to them with address unknown.
I almost had all my utilities disconnected and our insurance canceled. We also had problems with the postal carrier placing mail in wrong boxes at the old address.
I’m concerned that someone may have opened up an account with a pre-approved credit offer. We received letters from one collection agency and I contacted my new attorney and she asked them to verify the debt. They did verify the debt but it wasn’t a card that we ever had.
HSBC then sent it to another agency. Then this new one. I sent them 3 letters asking them to verify the debt. I have never received any bills, letters, nothing from them. Just the phone calls at work. I then mailed them two certified letters asking them to stop calling my husband at work and to verify the debt. This was 2 months ago. No letters but the calls are still happening.
I checked my husband’s credit report and found the old HSBC/Orchard card listed and a new HSBC card listed to it. Should I dispute the file to the credit agency? Another strange item is that the collection agent told my lawyer that we paid on the bill. This is all really strange. I would never send in a payment of only . Is this a way to get this off of my husband’s credit report and to get this agent to stop? Thanks.

Technorati Tags: address unknown, bankruptcy case, boxes, card application, chapter 13 bankruptcy, credit report, electric cable, filing bankruptcy, hsbc credit card, insurance, insurance bills, lawyer, mail, orchard bank, phone calls, pre approved credit

Divorce and Bankruptcy?

admin — Sun, 03 Oct 2010 04:49:29 +0000

My husband and I are starting the process to file a chapter 13 bankruptcy. The majority of the debt is from him buying a ridiculously expensive car without my consent when we first married. My name is not on the car loan. I’ve pretty upset and fed up. I am considering at least separating from him while this is going on. Is it better that I wait until the bankruptcy is final, or should I do it now? I don’t want to ask our lawyer because I don’t want to make this worse than it already is.

Technorati Tags: car loan, chapter 13 bankruptcy, expensive car, lawyer