Legal Question in Bankruptcy in Iowa

chapter13

due to some very bad advice from a lawyer after my devorce i am in a chapter 13 paying back 100% on the dollar. what happens if i just stop paying the trustee? will the creditors come back on me? can they garnish my wages.

Asked on 3/27/08, 9:06 am

3 Answers from Attorneys

Nancy Delain Delain Law Office, PLLC
0 users found helpful
0 attorneys agreed

Re: chapter13

If a debtor simply stops paying the trustee, the trustee can (and very likely will) move to dismiss the chapter 13 petition with prejudice (meaning debtor cannot refile for bankruptcy protection on those listed debts), the court will very likely grant that motion, and the creditors will be all over that with aggressive collections, harassing phone calls, judgments, garnishments, attachments, etc. It will be as if the filing of the bankruptcy petition had never happened, only now debtor has screwed up any relief to which debtor may have been entitled.

Don't go there. Instead, if you are unhappy with the way your Plan is working out and with your attorney's advice, contact a different attorney (lots of lawyers practice bankruptcy law) to see if the Plan can be modified or even if your petition can be converted to a chapter 7. Whether any of this is possible depends on many factors, some of which may be state-specific (I'm admitted in NY, not in Iowa, so cannot advise).

If you need a referral, contact the Iowa bar association or your county's bar association; those are generally good places to start.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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3/27/08, 10:02 am
Nancy Delain Delain Law Office, PLLC
0 users found helpful
0 attorneys agreed

Re: chapter13

If a debtor simply stops paying the trustee, the trustee can (and very likely will) move to dismiss the chapter 13 petition with prejudice (meaning debtor cannot refile for bankruptcy protection on those listed debts), the court will very likely grant that motion, and the creditors will be all over that with aggressive collections, harassing phone calls, judgments, garnishments, attachments, etc. It will be as if the filing of the bankruptcy petition had never happened, only now debtor has screwed up any relief to which debtor may have been entitled.

Don't go there. Instead, if you are unhappy with the way your Plan is working out and with your attorney's advice, contact a different attorney (lots of lawyers practice bankruptcy law) to see if the Plan can be modified or even if your petition can be converted to a chapter 7. Whether any of this is possible depends on many factors, some of which may be state-specific (I'm admitted in NY, not in Iowa, so cannot advise).

If you need a referral, contact the Iowa bar association or your county's bar association; those are generally good places to start.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
3/27/08, 10:03 am
Nancy Delain Delain Law Office, PLLC
0 users found helpful
0 attorneys agreed

Re: chapter13

If a debtor simply stops paying the trustee, the trustee can (and very likely will) move to dismiss the chapter 13 petition with prejudice (meaning debtor cannot refile for bankruptcy protection on those listed debts), the court will very likely grant that motion, and the creditors will be all over that with aggressive collections, harassing phone calls, judgments, garnishments, attachments, etc. It will be as if the filing of the bankruptcy petition had never happened, only now debtor has screwed up any relief to which debtor may have been entitled.

Don't go there. Instead, if you are unhappy with the way your Plan is working out and with your attorney's advice, contact a different attorney (lots of lawyers practice bankruptcy law) to see if the Plan can be modified or even if your petition can be converted to a chapter 7. Whether any of this is possible depends on many factors, some of which may be state-specific (I'm admitted in NY, not in Iowa, so cannot advise).

If you need a referral, contact the Iowa bar association or your county's bar association; those are generally good places to start.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Read more
3/27/08, 10:05 am

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