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...
Yes, the automatic stay will stop all collection attempts, including a state court proceeding. However, not all debts are dischargeable, including support payments, payments to a governmental agency, and criminal debts.
Contempt of court is a serious matter, and could result in jail time.
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.
The fact that they said you never had to pay them back is interesting, but the point is, you did pay them back and there may be enough here to demonstrate existence of a contract regarding a debt. Further, if a contract for a debt exists, the facts you provide don't say when you breached the contract.
So, if you question is: "can they sue me for the balance of the debt they said I don't have," the answer is, it depends.
You should meet with a friendly, local neighborhood attorney and...