Legal Question in Bankruptcy in California

We (wife and I) filed Chapter 13 (100%) last year. We kept her leased car hoping to buy it at end of lease. We now determined we cannot afford to buy the car. She also exceeded the mileage that will cost $3000. I advised our BK lawyer and also advised him my wife has not been able to work full time because my mother in law now needs 24 hour care. She goes to work if we find someone to stay with her mom.

He said he will see if our plan can be changed to help our situation. However, he has not responded to subsequent emails asking him for his progress and he won�t return my email inquiries. We have to return the car in 2 weeks and I don�t know what to do. We are trying to avoid paying the mileage fee if we can.


Asked on 6/16/10, 3:54 pm

1 Answer from Attorneys

Aruna Rodrigo Rodrigo Law Firm

You will need to file a Motion to Modify your Chapter 13 plan. I suggest you either contact a new attorney in your area to assist you or contact the Chapter 13 Trustee directly to notify him/her of your situation and need to file a motion.

Good Luck.

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Answered on 6/17/10, 9:44 pm


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