i have a few depts that just wouldint go away so i filled a chater 13 but it takes almost my hole pay check every two weeks beside child support that new med plan i really dnt have enought to live on an or pay my house hold bills
You are welcome to dismiss a chapter 13 at any time, but you may regret it. You could consider converting to chapter 7 if your expenses have increased or you could even see if your payments could be reduced by filing a new budget & modified plan. How aggressive your attorney is on collecting fees is a question I can't answer since I don't know your attorney. Hope this perspective helps.
If the case is dismissed, you would still owe your chapter 13 attorneys. If you convert to a chapter 7, the result may be the opposite. However, your attorney will probably not agree to help you convert so you can discharge his/her fees.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
Converting to a ch 7 has an added benefit: ANY debts incurred since you filed your ch 13 including attorney fees will be discharged unless they are non dischargeable type of debt of course.
But the attorney fees incurred during your case are owed. They can sue you , obtain a judgment and garnish. Why not? they worked for such fees..But if you file another bankruptcy or convert they cannot. As Attorney Gambrell said they wont help you UNLESS they agree: if they already received all their fees or almost maybe they will. But certain laws must be complied with to convert to ch 7 including the court conversion filing fee. But that may be your best bet. See another attorney to ask why you should or should not convert to a ch 7 case vs dismissal. I charge for such time as it takes usually 45 minuntes to go through that for someones elses client to see their options! Good luck.
Your attorney should be working to maximize your relief and provide a real benefit in filing the plan. If your expenses have increased and the increase is something over which you had no control, ask your attorney if you are able to file a motion to modify your plan. Good luck!
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