Considering that your debt load is relatively small, and given that there's a probability the court will rule you don't owe this or any other money, I'd wait to find out what happens. You can always file bankruptcy later.
Yes, you can switch attorneys in the middle of a Chapter 13. Should you? Depends. First of all, are you sure your expectations about your plan payment going down are realistic? If you've cut your mortgage payment, you may have more money to pay back the Chapter 13 trustee, not less. Second, it's possible your lawyer isn't getting your messages. Have you written a letter?
Finally, even if you have good grounds for switching, consider that the bulk of the work for the Chapter 13 has been...
Cash advance places can lead to a difficult cycle to break out of.
It's not treated any differently. But note that some debt you get prior to filing bankruptcy can be presumed that you got that debt KNOWING you were going to file bankruptcy and never intending to repay it. In cases like that -- going on a shopping spree is always a bad idea -- you can be stuck with the debt as nondischargeable. That applies to both credit cards and payday loans.
However, depending on the amounts you took...
Bankruptcy may NOT be the best option. However, bankruptcy lawyers see similar debt situations all the time, and try to advise people how to deal with problems. This includes not filing bankruptcy.
We generally go over all your options, review the pros and cons of each one, and advise you which option is best for you. So, contact a bankruptcy attorney, get a consultation. You'll get questions answered and leave with peace of mind. We're good people.
Good luck to you.
First of all, kudos for recognizing that you need an attorney. While you are allowed to file without an attorney, the success rate in Chapter 13 debtors without a bankruptcy lawyer is under 5%. Chapter 13 bankruptcy cases are challenging, and a big part of where an attorney's skill and experience comes in is analyzing the budget and preparing the Chapter 13 plan.
Now, short answer to your question: yes, all that's needed is a simple substitution or attorney.
However, because all the...
Vehicles are almost always secured debts. This might be a matter of semantics. Of course you list all debts, but in Chapter 7, with secured debts, you have to state your intention:
* keep the collateral and reaffirm the debt and stay current on the loan
* surrender the collateral and be done with the loan ("add it to the bankruptcy")
* redeem the loan, which is like refinancing it
I would be very surprised if your lender let you stop making payments, didn't insist on reaffirming the...
You can try to negotiate with them, but I think you'll find their attitude a bit unreasonable. They have all the leverage, and are quite happy with the current arrangement of draining your paycheck. But certainly settling is one option.
Another option is to file bankruptcy. Don't just rush into bankruptcy, however, as it could result in liquidation.
You really should see a bankruptcy attorney for a consultation. Soon. Time is literally money.
Shorter question: "do I have any unexempted vehicle equity?
The biggest issues here are missing from your fact pattern:
1) what is the value of the vehicle?
2) how much, if any, of that value can be exempted under FL law?
3) is there a valid and perfected lien against the vehicle?
All of this is complicated by the fact that you recently "gave" someone a portion of the vehicle.
Merely a note --- assuming there is even a writing -- saying you owe someone for a vehicle does not...