How do I modify my chapter 13 due to reduction of income? 9 Answers as of July 28, 2015

I'm in a chapter 13 plan for 2.5 years. I need to modify plan due to reduction in income, but my attorney is a jerk who doesn't help me because I already paid him upfront and now he is nonchalant about everything I'm going through. What can I do? I know other attorneys don't want to touch my case, but my case is simple and clear, we have been paying with no problems.

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Stephens Gourley & Bywater | David A. Stephens
In Nevada you submit an amended schedule I and J showing the reduced income and a proposed amended plan to the trustee for his or her approval. It is then submitted to the Court for final approval.
Answer Applies to: Nevada
Replied: 7/28/2015
GARCIA & GONZALES, P.C. | Richard N. Gonzales
The new attorney would have to enter his or her appearance in the BK case, do the post confirmation modification, and then withdraw from the case once the objective was accomplished. If the Trustee objects to the modification, there would be a hearing. The attorney would have to factor all of these matters into setting a fee for helping you. Too bad your existing attorney doesn't help out.
Answer Applies to: Colorado
Replied: 7/28/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
You are always free to retain substitute counsel. You must expect to pay a retainer up front in order to do so. Modification of a plan can be done, but the process involves a motion and notice as well as revised income and expense schedules and a proposed modified plan. I strongly recommend that you try to either convince your current lawyer to assist you or, that you find someone else to step in and take over your case. I don't know of any chapter 13 lawyers who do modification work without charging for their time and expenses.
Answer Applies to: Colorado
Replied: 7/28/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Your attorney may be a jerk, but unless you are willing to show up to work for no paycheck, it is unreasonable to expect your attorney to perform additional work for you without being paid. You may think that filing a new budget & submitting a new plan for confirmation is easy, and I invite you to try it. The fee charged for your chapter 13 most likely covered your case through confirmation. The cost to submit a modified plan and get it confirmed is probably somewhere north of $1,000.
Answer Applies to: Nevada
Replied: 7/28/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
You have not seen enough attorneys as I regularly take over cases from lazy or incompetent attorneys in chapter 13 cases. Having said that there are cases in which the payment to the trustee cannot be lowered no matter how much your income has been reduced as creditors do have certain minimal rights under the bankruptcy code to be paid.
Answer Applies to: Michigan
Replied: 7/28/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You have to file a motion to modify the plan.
    Answer Applies to: New York
    Replied: 7/28/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Well it requires a motion and amended income and expense form. Your lawyer can get paid to do this with a supplemental fee application. You can report him to the state bar - that will get his attention. You can report him to the Office of the United States Trustee, that might help. I would do both.
    Answer Applies to: California
    Replied: 7/28/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Find another lawyer. Write a detailed complaint to the cb -3 Trustee and the U.S. trustee. You can also file a grievance with the Office of Lawyer Regulation You can file a modified plan with an updated budget (schedules I and J).
    Answer Applies to: Wisconsin
    Replied: 7/28/2015
    Ronald K. Nims LLC | Ronald K. Nims
    Write your attorney that you want to modify your plan due to a reduction in your income. Send proof of the reduction (paychecks or, if self employed, financial statement for the past two months). In the letter say, detail your past attempts to contact him and that he has refused to take your calls or call you back (detail = date and method, for example, I called your office on June 1st, left a voice mail and your never returned my call). Send the letter via Fedex or UPS so you get a receipt. If he hasn't responded satisfactorily within two weeks, contact the U.S. Trustee's office that serves your bankruptcy court and file a complaint with the ethics board in your area (might be the bar association or the state supreme court). This will either get your money back or it will get the job done. I never heard of an attorney who gets their Chapter 13 fee upfront. One of the advantages of Chapter 13 is the debtor gets to pay the fee over 3 to 5 years.
    Answer Applies to: Ohio
    Replied: 7/28/2015
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