IN A CHAPTER 13, SURGERY, LAYOFF COMING, WHO DO I TELL?
By Kurt O'Keefe, Attorney at Law on Jun 23, 2007 in General Bankruptcy Information
It may seem obvious, but, tell your attorney. First.
If the Trustee needs to be advised, your attorney should handle it. There are few things more disturbing in the practice of law than learning something about your case from the other side. It hurts the client, because the opposition (i.e., the trustee or creditor) may think there is a break in the attorney-client relationship. It shows I am out of touch with my client, which affects the credibility of anything I communicate in the future. They may assume my client is not telling me everything.
The best way is to email your lawyer. Then, you can save a copy, and so can she. Next best, write a letter. Same advantage, you have a copy, so does the lawyer, but it takes longer. The problem with a phone call is, as soon as you hang up, it is gone. Messages get lost or mis-recorded. You assume a connection has been made, and maybe it has not. Make sure you get answers from your attorney’s office to your questions.
If you cannot get a timely response, maybe you have the wrong lawyer. When I say timely, I do not mean the day you call or e-mail. Remember when your lawter was in court with you? He may be in court with other clients, or in a multi-day trial or hearing.
As long as you forward the information as soon as you get it, your lawyer will have time to take appropriate action.
So, advise him when you get the layoff notice, not after your unemployment runs out, when the surgery is scheduled, not when you get clearance to go back to work.
The Trustee’s office knows as soon as you miss a payment. Your lawyer does not, unless you tell her. With accurate facts, legal advice is much better. Maybe the income loss is so severe that you are best served converting your case to Chapter 7. You can gather the information and make that analysis, before the Trustee files a motion to dismiss.
In Detroit, we can file motions to excuse payments. If you know you will be off work for a set period of time, say, three months, I can file a motion to excuse three months of payments, and provide documentation to the Trustee. Courts and Trustees are much more receptive to pro-active motions like that, than putting the same information in your answer to the motion to dismiss.
It may be possible to modify your Chapter 13 plan, without needing to excuse payments. This depends on what claims have actually been filed, how much you have paid, how long your plan runs, if there was any wiggle room in the initial plan.
Let your lawyer know what is going on, so he can make the right moves in advance.



You must be logged in to post a comment.