Question

Ch 13 Hearing Issues

Asked 13 December 2008 · 1 answer

The question

We are 10 months into our 36mo CH 13 Payment Plan.

We Reaffirmed both our Home & GMC truck.

We continued to make on time payments.

Our attorney, whom we now have an adversarial

relationship with, later put the GMC Truck into the Payment Plan, which created arrears. Finance Co. asked for Relief from Stay to repossess. We took attorneys advice in Aug. to get a loan for $300/mo for cheap trnasportation, and forfiet the GMC Truck.

We found that we are the last consumers on earth that anyone in today's economy will lend even $3,000 to.

We begged our attorney to file a Motion for a Hearing on the Issue, but he refused.

Wife is very Ill, on Kidney Transplant List.

We live in isolated northern Wisconsin.

Wife still works, so transportation a must.

Attorney paid in full, added $1,400 xtra into Payment Plan we were not aware of, above the $2,500 he agreed

to represent us for.

We Filed a request for Hearing and it will be Dec 18th

We cannot believe our attorney put us into this position, which is at risk, and without means of travel. Attorney keeps threatening that the Judge may just throw out our Ch 13, and let the wolves have us.

We are at wits end, and cannot believe that any Judge would leave a sick woman on the Kidney Transplant List without means of travel to Minneapolis for the proceedure, and for follow-up visits, and of course to/from work.

QUES: Can a Judge "throw-out?Dismiss" our case asside from the Issue at hand? What do we do..? Text

From the LawyerCentral forum archive. Originally posted 13 December 2008 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 4 August 2010

In most jurisdictions, your car payment is supposed to

be paid through your chapter 13 plan. Why it wasn't

initially in there, I don't know. Also concerning is if

the payment was to be made through your plan payment,

why wasn't it getting paid? A creditor cannot seek

relief unless you are not paying your plan payment,

which in turn means the creditor is not getting paid.

It sounds like you couldn't afford your car. A judge

can dismiss your case if your plan payments haven't

been met.

Ryan D. Caldwell is an Omaha

Bankruptcy Attorney helping

clients seek debt relief through

bankruptcy.

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