Unfair Chapter 13 plan - I need some advice with my case to see if I have grounds to go after my attorney.

Asked over 2 years ago - Lake Oswego, OR

I have been in a plan for almost 5 years and now the trustee wants to dismiss my case because they don't think it is feasible for me to finish my plan all of a sudden. No word from anyone until I received the court document the trustee submitted for filing. My whole case has not been fair since I filed a Chapter 13 to save my house and then I ended up losing my house because of my adjustable rate mortgage.

Attorney answers (4)

  1. Steven Anderson Leahy

    Pro

    Contributor Level 17

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    Answered . You don't mention why the plan is seen as unfeasible. If your income dropped, you may be in line for a hardship discharge (chapter 13 discharge short of completion of the plan) or conversion to chapter 7. Both of these options are very fact specific - so you should work with your lawyer to come up with a plan to address this motion. Don't let it go without putting up a defense. You have almost 5 years into this plan - that will go a long way with the Judge to come up with a solution for you.

    I hope this helps.
    Respectfully,
    Steven A. Leahy
    www.chicagotaxteam.com

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  2. Shannon E Wynn

    Contributor Level 14

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    Answered . Seeing as you are almost done with your plan, I would strongly urge you to call your attorney and discuss the situation with him or her. It is likely in your best interest to get your discharge, and therefore, should work with your attorney to do so. The trustee has to have a reason for stating your plan is now "unfeasible." Did you lose your job or have a wage decrease? Talk with your attorney about any changes in your circumstances. If the plan is truly unfeasible, it may be possible for you to convert your case to a Chapter 7. Worry about your bankruptcy now and the attorney later. Bankruptcy deadlines are strict and your claims against the attorney will not help defend the feasibility of your case.

  3. Walter C Oney Jr

    Contributor Level 17

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    Answered . "Not feasible" is the trustee's conclusion based on something else. What facts did the trustee allege make your plan unfeasible all of a sudden? Failure to cure secured arrears? Failure to pay a priority creditor in full?

    Anyhow, instead of looking for ways to blame your lawyer, look for ways to help you lawyer defend the motion.

  4. Michael James Gieseke

    Contributor Level 2

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    Lawyer agrees

    Answered . As the other comments have indicated, you should contact both your attorney and the trustee. The trustee can communicate to you exactly what his/her issues are with your current plan. The motion to dismiss could be caused by a number of issues - failure to make plan payments and failure to provide for plan payments that cover all priority debts (taxes, certain child support arrears, etc) are common reasons. However, without more information it is impossible to say with certainty why your plan is no longer feasible. You should act with urgency as your ability to modify your plan may end as many jurisdictions do not permit modifications after 60 monthly payments have been made.

    This information should not be taken as legal advice for any individual case or situation. This information is not... more

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