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Can I sue my br firm for misrepresentation and neglect?

Jonesboro, GA |

Tried a home modification, was lied to by Chase then turned down. Had to file chap 13 to keep home and paying back 100% of bills. Told them every meeting after that that they were taking too much out.
We told our attorney from DAY 1 that we had a son in college and was paying his expenses. They would not include them in the filing. Had to miss a 3 house payments to keep him in school. Finally they put $800 a month in (cost alot more than that), dropped payment from $1730 to $1225. Court does not approve and wants two back payments, Chase wants $6000 to keep home.
If his expenses had been included in the beginning, I would not be in this situation.
I also have $2200 in prop taxes due Nov and $5000 in med bills past due and not in chap 13 filing

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Attorney answers 3


While no one has heard the numbers, it sounds like your expectations of Chapter 13 are far from reality.

College expenses - and certainly $800+ a month - are rarely allowed by a court. In other words, he's an adult, and you are not allowed to make gifts to an adult relative ahead of creditors.

And as I am sure you read in your plan, and that's mandatory - you CANNOT miss house payments in a plan and not lose the house.

There are minimum amounts, which are calculated from numbers required in the law, and they do not take into account college, that you must pay to get a Chapter 13 confirmed.


Mr. Ashman is correct about the college expenses. The only time I have ever been able to put college expenses in the plan was when the person in chapter 13 was required by his divorce order to pay a certain amount of college expenses. This made the expense a domestic support obligation. The way the court looks at this is that you are paying money for an adult not living in your house instead of paying creditors. Remember, the trusee's job is to see that the creditors receive as much as you are able to pay, and they see a college aged child as a non-dependent. This may be a harsh way to look at things, but the reality is the reality.

As the house payments, falling behind after the filing of the case will result in the mortgage company filing a motion to get out of the case and proceed with foreclosure. your attorney can help you negotiate an agreement to catch this up, but you will have to pay back what you are behind over just a few months, which is burdensome. Also, the mortgage company would be entitled to their fees for filing the motion if they can prove that you are at least 30 days behind.

Speak with your attorney about solutions to this issue, including allowing the current case to be dismissed so that you can re-file a new case. The new case could allow you to include debts incurred after the filing of the first case, such as the medical bills, property taxes, and missed house payments since the filing of the case. However, there are pitfalls to dismissing and re-filing, so those should be discussed in detail.

As to suing your bankruptcy firm, it sounds like there is a communications problem between you. Your first priority is to get a plan filed to save your home and provide for a payment you are financially able to make. If speaking with them does not solve this issue, it may be time to seek a second opinion.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation


College expenses of an adult child are not reasonable and necessary to YOUR livelihood. It does not matter what you told your attorney from day one. It matters that your attorney advised you that this was not going to fly in your court. You did not HAVE to miss three house payments. Your son could have taken a semester off and gotten a job! These are the arguments your attorneys have already discovered are going to win against you if they would have taken your position before the judge.

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