What can we do if my hours have been cut and I need to make changes to my bankruptcy file? 24 Answers as of July 09, 2013

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?

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
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
Heupel Law
Heupel Law | Kevin Heupel
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
D T Pham Associates, PLLC
D T Pham Associates, PLLC | Duncan T Pham
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
North Sound Law, PS | Spencer Bergstedt
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
Theodore N. Stapleton, PC | Theodore N. Stapleton
You need to file an amendment to your chapter 13 plan based on change in circumstances.
Answer Applies to: Georgia
Replied: 9/20/2011
    Bankruptcy Law Center
    Bankruptcy Law Center | Bill Zurinskas
    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
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    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
    Law Office Of Magnolia Zarraga | Magnolia Zarraga
    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
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    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
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    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
    Colorado Legal Solutions
    Colorado Legal Solutions | Stephen Harkess
    You can file for a modificaiton of your bnakruptcy plan - either through your original attorney or new counsel.
    Answer Applies to: Colorado
    Replied: 9/20/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    If your lawyer doesn't respond, you should fire him/her and hire a new one to modify your plan post-confirmation to compensate for the loss in income.
    Answer Applies to: Indiana
    Replied: 9/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Call the state bar. Your lawyer can be disbarred. He is obligated to assist you for the duration of your case. And hire a new lawyer to protect you, and see if he can file a motion to force your lawyer to refund your fees.
    Answer Applies to: Georgia
    Replied: 9/20/2011
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Remove your current attorney and hire another.
    Answer Applies to: Michigan
    Replied: 9/20/2011
    Law Office of Robert Sisson | Robert Sisson
    I would suggest stopping by his office personally, as it is his/her ongoing obligation (as your chapter 13) lawyer, to help you town adjust and modify the plan- so that your plan will be successful.
    Answer Applies to: Wisconsin
    Replied: 9/20/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    If you need to have a modification done for your Chapter 13, you may want to consider speaking with another attorney to assist you. Any Bankruptcy Attorney should be able to assist you in modifying your Plan in light of the change in your financial circumstances.
    Answer Applies to: New Hampshire
    Replied: 9/20/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    Contact your trustee. Right away. Tell him what you need and that your attorney is not returning calls. Some trustees will try to help you get a response from your attorney. If that doesn't work, call your judge. The Judge's clerk may be interested to hear that your attorney is not communicating properly. If all else fails, find another attorney. Attorneys who don't return calls are not worth the trouble of dealing with. Good luck.
    Answer Applies to: Ohio
    Replied: 9/20/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    If your income has changed, you may want to move the court to amend your Chapter 13 plan. If your lawyer does not return your calls, you may want to get another lawyer.
    Answer Applies to: California
    Replied: 9/20/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    You should contact the bankruptcy Trustee and made them aware of your situation. Send a letter to your attorney as well as call, whether your bankruptcy attorney is still representing you may depend on the agreement you had with your attorney. If you get no response from your attorney, you can discuss it with the Trustee and perhaps you may want to proceed on your own.
    Answer Applies to: California
    Replied: 9/20/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You must contact your attorney. Depending on your plan terms you may be able to lower your payments based on reduced income. However some plans such as when you are repaying unsecured debt must be paid in full.
    Answer Applies to: California
    Replied: 9/20/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    You should contact your Ch 13 case trustee.
    Answer Applies to: Mississippi
    Replied: 7/9/2013
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Get a different bankruptcy attorney to step into your case and modify your plan payment.
    Answer Applies to: California
    Replied: 9/19/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Hire a new attorney to do a post-confirmation modification if your income has changed sufficiently to warrant a modification.
    Answer Applies to: California
    Replied: 9/19/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You need to file a Motion to Modify your plan to reduce your monthly payments (assuming your plan can allow for thatcertain debts must be paid 100% over the course of your plan, and you must pay more than your creditors would get in a chapter 7 case (known as the "liquidation test") so there is some minimum payment amount you have to make).
    Answer Applies to: California
    Replied: 9/19/2011
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