Willis, TX Bankruptcy Law Firms & Lawyers

First, for you and anyone who reads these questions and answers, you must list all of your assets and all of your debts. Period, no exceptions. You may not pick and choose. With that being said, a Chapter 7 Trustee will be appointed in the case and will determine the value of the car, subtract the various claimed exemptions you choose and whether they are legally sufficient, subtract the amount owed on the vehicle and see if there is equity which needs to be liquidated for the benefit of the creditors in the case. So if the vehicle is worth $19,000 and only you are no the title, then the most you could claim as exempt is $6,000, but that number will certainly be less. Subtract the exempt amount from $19k and subtract the amount owed from the amount after subtracting the exemptions and you have the equity. The larger the equity, the more you have to pay the Trustee. The exemption amount will vary on other factors in your case and I cannot determine that without much more information.

Your bankruptcy discharged your obligation on the mortgage note. So, if you walk away from the house the lender cannot come after you for any deficiency balance.

Write a letter to your bankruptcy Judge that the attorney you paid to do your 13 will not talk to you or process your case. He will wish he never heard of you but I am sure the Judge will get on him or her and make them do their job or face Court sanctions. It sounds like your plan has not yet been confirmed. If your case gets dismissed before it is confirmed, the chapter 13 trustee will probably send the money to your attorney. The procedure for this varies from one Bankruptcy Court to the next. Call your chapter 13 trustee. First tell the chapter 13 trustee that your attorney refuses to do work on your case. Then ask the chapter 13 trustee what happens to your money if dismissed after confirmation. They know it is your money, so you may be able to get it sent to you. If you didn't pay much to start, your attorney who won't work for you will probably just take the money and claim he earned it. After your plan is confirmed, the chapter 13 trustee will disburse the money. Most will probably go to your present attorney for fees initially.