Attorneys have to disclose all payments received from clients. If you don’t think that you received credit for all the payments made to your attorney, you can contact the bar association or the U.S. Trustee’s office to register a complaint.
Southwest Louisiana Bar Association
1011 N Lakeshore Dr, Lake Charles, LA 70601
US Trustees Office
6305 Ivy Ln # 600, Greenbelt, MD 20770
Clients frequently tell me inaccurate information that they receive from other attorneys. If you have concerns about what another attorney tells you, by all means get a second opinion.
Call 337-494-1023 to schedule a free consultation.
Chapter 13 cases can be converted to Chapter 7 cases. If you are in a chapter 13 case, and have second thoughts about staying in it, you can ask your attorney, or a different attorney, about converting the case to a Chapter 7 case. Your Chapter 13 attorney might not want to help you convert the case because he often will lose his fee if the case is converted early into the case.
Car notes can also be paid outside of a Chapter 13 plan of reorganization. Often the client is better off paying for the car himself, outside of the bankruptcy Chapter 13 plan of reorganization. If your attorney tells you to stop paying your car note, on a car that you want to keep, ask him how you benefit by not continuing to pay for it yourself. If he can’t give you a good reason, call our office at 337-494-1023 for a free consultation
No. There are lots of reasons not to pay a house note through the bankruptcy court. The bankruptcy court charges a fee of 5% on regular home payments and 6.7% on past due payments. The payments to the mortgage company are delayed by at least three months in each case which mess up the amortization schedule. The plan of reorganization has to be amended if the payments change. There are lots of other reasons. Get a second opinion from a second attorney if the first attorney recommends that you pay your current house note through the bankruptcy court. Call our office at 337-494-1023 for a free consultation
Some local attorneys tell their clients to pay for their houses through their Chapter 13 plans rather than directly, even when the house payments are not in default. Chapter 13 debtors have the option to pay their house notes themselves and not through the bankruptcy court. The reason an attorney doesn’t recommend direct payment may be because the attorney can charge a higher fee if the house is in the plan.
One of the things I discuss with potential bankruptcy clients is what will happen if they choose not to file a bankruptcy petition. I believe that bankruptcy should be a last resort. I tell about half of the people that I talk to that they don’t need to file for bankruptcy. I suspect that other bankruptcy attorneys don’t discourage anyone from filing.