pg asked:


My husband and I filed chapter 13 bankruptcy in 2006. In 2006, I was working almost fulltime. I had to quit working because of an shoulder injury that I sustained from working as a nursing assistant in 2005. In preparation for filing the case, our attorney had us increase the withholding allowances so that we would not get a income tax refund. He also based our bankruptcy payments on the new withholding allowances. When we filed our taxes we noticed that we did not have enough on our W2 for 2007 Federal taxes. We are barely making ends meet now. I have mailed letters to our attorney, called, and even emailed our attorney with no response. We need to have our court payments reduced to include more money for federal taxes. Also, my income is included on the payments. I am about ready to fire my attorney and seek new representation. I’m paying over $2500 in attorney fees for a lawyer who will not help us. Any advice?

pg asked:


My husband and I filed chapter 13 bankruptcy in 2006. Our original attorney advised us to increase our withholding allowances so that we would not have a refund for that tax year. In 2007, I quit work because of a bad back. I was a nurse but I injured the rotator cuff and had to quit because of the pain. My income was included in the original petition. I advised our former attorney that I quit work 2 months before the plan was confirmed. He still insisted to have the plan confirmed. My husband was looking at his paystubs in October 2007 and noticed that he was not paying enough into the IRS taxes. We called, wrote emails, sent certified letters to try to contact our attorney. He never returned our calls. A grievance was brought against him in his county’s bar association. We finally decided to find a new attorney. Our new attorney filed to have our court plan modified to include enough money to pay the IRS. But, the Trustee in our case filed an objection. He said that we needed to tighten our belts. We are barely paying bills now with the high cost of fuel and food. I am fed up with this bankruptcy case that I am about to have the case dismissed. Any suggestions? Thanks for any answers.

fredes asked:


I have called the loss and mitigation department and they wont talk to me for two reasons, one because I am in chapter 13 bankruptcy, and two because I am not late on any payments. I got a letter from my attorney that tells the mortgage co that its okay to talk to me about the loan modification, but they still wont take to me. And my home loan is not included in my chapter 13 payments, can I ask my attorney to ammend my chapter 13 plan to include my home loan, but I would like to modify my loan first.

meow0724 asked:


My husband and I are in serious debt, and we are talking to an attorney to look at bankruptcy. We don’t qualify for chapter 7 so 13 is our only option. I am worried that the repayment plan, which will last for 5 years, will not allow us to save any money. Which will intern not really make our situation any better, just ruin our credit in the process.

Has anyone had any experience with this? Is the plan fair?

mortgagesaver01 asked:


Hello All

I’m asking this question because I work with a lot of Bankruptcy Attorneys and customer trying to purchase homes after a bankruptcy.

In the past I would recommend Capital One, Providian and their was one other but I believe that Providian is no longer and many of the other cards that are out there have customers bound with fees and no available credit. I.E. your credit limit is $400 BUT your fees charged by the issuing company are $399 so the customer has to pay it down before they can start using it. The problem with this type of care it IMMEDIATELY puts the consumer back in a bad situation since they are soo close to the limit if they are hit with 1 little fee then BAM over limit and late and on and on the other problem is since they are over 50% of the balance on the card it really doesn’t help the credit score much.

♥ Crys ♥ asked:


I hired an attorney approx 1 month ago to file Ch 13 for my husband and I. We were behind on the car payments and had no way to catch up. I stayed in contact with the paralegal telling them how crucial it was they get the “automatic stay” in place because my car was in jeopardy. She said she was working and would have it filed this week. Today while I went into a store for 10 minutes, my car was repo’d. I called my attorney and she said uh-oh, we may not be able to get it bac because you haven’t been filed yet. She said if I was filed I’d be safe and they could get it back. In the mean time I have no car, no money and my hubby may lose his job because he has no way to get there. The attorney’s office says we’ll file you in the morning and see if we can talk them into giving it back. I am so confused about this! I thought that we would be protected by the filing bankruptcy, I thought that was the point of it really!? Anyone know anything?
OH and when it was repo’d I had a friend with me. Her husband went to the lot and said he was with me and had left items in there and needed to retrieve them. They said ok, no id nothing! They let him take carseats, diaper bag, my laptop, stroller, and my sirius satellite radio and all the paper work from the glove box. I appreciate my friend getting my stuff, but I am very bothered that they allowed him to get in my car and take all this! Isn’t that in itself illegal!?!?
I hired the attorney to file this THEY are the ones dragging their feet! I did my part, paid the fee provided the info, it was up to them to finish. And The research I have done on the law says they MUST return all your belongings to you and if they don’t they are liable for the replacement cost of them. What I need to know is if this is filed in the morning, then the stay does take effect, will it have to be returned? This is a NIGHTMARE! Don’t tell me how lucky I am blah blah you don’t know what the circumstances are and apparently your not too up on the laws either.

gakare asked:


I have a few questions. I earn too much to file chapter7, and I don’t have enough disposable income to set up a payment plan with my creditors , (mostly credit cards) , what happens? 2. I am filing , but not my wife. How is jointly owned property handled? 3. I have adult children (not dependants) living at home who own and purchased things like cars, stereos, motorcycles etc. Can the court , or my creditors, physically come to my home to inspect ? Or do they just take my word for it ? I know , everyone is saying get an attorney, but I am going to do this myself. All I have to do is fill out about 40 pages !!??!. I live in Michigan.

nwafanusa1 asked:


I am going to be going through chapter 7 bankruptcy next month (November). My car has 70,000 miles and it is five years, and four months old since I purchased it in 2001 (it had 13 miles when I bought it). If I keep my car for two and a half more years before trading it in, can i get a decent loan after filing for chapter 7 bankruptcy this november? My attorney told me that it wouldn’t hurt me that bad because I get a VA compensation and they can’t garnish my wages. Please help. And if I can get a loan, what kind of interest rate would it be?

la9799 asked:


I have a question. I am currently in a chapter 13 bankruptcy. I am 2 months behind on my mortgage. I called to make a payment today ( so it would be only one month behind) and was told that they filed a relief of stay on Friday and won’t take my payment. My house is also under contract and scheduled to close on the 24th of April. If they refuse to take a payment, are they going to refuse to accept a payoff??? I have emailed my attorney, and haven’t heard back yet. Please help!!!

Sally B asked:


In the state of Indiana you can not include student loans into bankruptcies.