Help! Our Lawyer won't return calls

[ritterwoman]

What is the name of your state (only U.S. law)? PA
My husband and I filed for chapter 7 bankruptcy 04/2010. After going over our finances our lawyer said we had to go through chapter 13. We are now paying back a percentage as agreed upon by the court. There are 2 issues following though. First, we received a letter earlier this year saying because our cars will be paid off in 2012, they have doubled our payment starting next March. Well, we both still have 2 1/2 years to pay on our cars. We notified our lawyer who said he will fix it, but then he sent us a letter saying he couldn't fix it. The 2nd issue is, we were told to contact our lawyer after our court date if there was any change to our income. Well, my hours have been cut to 32.5 hours a week, and I will not receive any raises at my job since I have hit the ceiling for raises in my position. We have documentation for this. My husband called our lawyer on Thursday and his assistant said he would call us back that afternoon. He has not called us back. We also found out our lawyer is getting a percentage of what we are paying back. What can we do?? Please help!!

 

[larocque1]

I am not sure by your posting if you had initially filed a Chapter 7 or if you had intended to file a Chapter 7, and were basically told you needed to do a Chapter 13 because you did not qualify for a Chapter 7.

That being said, I would see if you can convert your Chapter 13 into a Chapter 7; due to the reduction in your income, and the increase on your Chapter 13 payments. Typically, Chapter 13 cases are reviewed at least once per year while you are in Chapter 13 to evaluate your income and your situation, and then modify your payments.

I would also recommend signing up for a Pacer account so you can log in and actively check what is and has been going on with your docket.

Also, do you need to keep both of your vehicles? If you can do with one vehicle, you might want to look at surrendering if you convert to a Chapter 7.

As far as your attorney getting a percentage of your payments, are you sure that is isn't the bankruptcy trustee assigned to your case? Usually the assigned trustee will be allowed a percentage due to managing your dispersed payments as well as his/her costs; this is allowed. If your attorney has not called you back, then he/she is probably busy with other case loads. I would try to call him/her back on Monday. I am assuming you have/had a good relationship with your attorney, so don’t worry.

 

[despritfreya]

Good rule of thumb. . .

If attny does not return calls set up an appointment.

While he has an ethical duty to communicate, your attorney has no monetary incentive to spend time responding if he was hired on a fixed fee. Your situation has changed and you may not be able to afford the bump up. This calls for a Plan modification. Not a big deal but you need to meet with the attny. Call tomorrow and set up the appointment.

Des.