Newbie Here...In a Ch 13...soon to be dismissed

[KathyInWI]

Hello

For various reasons...under advice my attorney I am letting my Chapter 13 get dismissed; the more I learn in hind sight a Ch 13 was not the BEST way for me to go nearly three years ago...the only debt I had was some credit cards and my car; I was NOT behind on anything...I went to a bankruptcy attorney to find out about consolodating, and asking general ?s...he convinced me a Ch 13 was the way to go..since then my job and income have change drastically and my payments are harder and harder to make; my attorney has told me countless times there is nothing he can do to help me, I missed one payment and now I'm in a 9-month-doomsday period. I won't be able to pay this coming month due to medical bills so he advised I stop paying and let my case get dismissed...again; looking back - NOT A GOOD IDEA. I even wrote to my 13 trustee, and he said his hands were tied; nothing he can do; there are lots of bad lawyers out there with even worse advice.

My ONLY concern is losing my car; I called the bank and they said 'wait it out' you can't do anything until we find out that your case has been dismissed (probably will happen w/in 30 days) then they can go after the full balance...or ask for all the back payments/interest...I am a basket case, not sleeping, making myself sick in worry over losing my car. I CANT lose my car...anyone have any ideas, suggestions, ANYTHING??

[jq26]

I suggest you work a deal with them. What's the car worth? Take that number and reduce it by $1000 for repo fees. Take that amount and let them know that you'll be willing to renegotiate the amount/interest rate. Explain the medical hardship situation.

What about a Chapter 7? Why not covert?

[thomassl]

I was wondering why your attorney did not covert your Chapter 13 to a Chapter 7?

[Denita]

In a previous thread she said the attorney is not actually handling her case and she is having a paralegal handle this BK.

If I'm not remembering correctly, please correct me OP.
If it is a paralegal handling your Bk 13, it explains the difficulty you have had with your plan payment.

Did you check into the Ch 128 yet for your vehicle?

[KathyInWI]

Thank you to everyone for the thoughts, and feedback I appreciate it greatly...

Yes...a paralegal has been handing my Ch 13 since almost the beginning (my attorney was let go from the firm where I filed). I will email her, or call her and not hear from her for days to weeks...

The paralegal said my case couldn't be converted from a 13 to a 7; I'd have to wait until the 13 was dismissed then I could file a new 7...and yes, I did look into a 128...my car can't be claimed in a 128, but the few thousand dollars in other debt could...which brings me back to my 'I want to KEEP my car drama' LOL

I went online to look at my case...my car started at 23,900 - they paid 21, 900 at 5% since 2008...I owe 2,000 on it...(according to my statments) the trustee has only been paying on my car for the past few years, none of my other debt in my Ch 13 (credit cards, payday loans). My car is worth about $7-8K according to Kelly blue book. Wells Fargo said I can't do anything with them, and they can't do anything with me until my 13 is dismissed.

I think its time to find a new attorney...

Kathy