Chapter 13 lawyer refuses to file motion

Discussion in 'Credit Talk' started by kenhunt, Jun 7, 2006.

  1. kenhunt

    kenhunt New Member

    Hi all Im a long time lurker first time poster and Im helping out a friend who is in Chapter 13 BK.

    As of Feb 06 she was at 36 months of a 46 month plan and had never missed a payment.She lost her sight in late Jan though and told her lawyer about her change of income as her temporary social security was barely 50% of her payment .In July her permanent ssi kicks in and is more than enough to pay her monthly payment. However the trustee filed a motion do dismiss for may 31st and it was continued until June 21. No motions from my lawyer has ever been filed to alert the courts or anyone else to her situation.The trustee's office said her lawyer can still file the motion on the 21st but he has all but refused to do it .
    Her lawyer wants her to just to refile it, but that would incur more fees. She is open to it but would rather it not have to be done just because her attorney was lazy . Is she screwed or is there other courses of actions she can take
     

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