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  1. #1
    Join Date
    Feb 2007
    Posts
    3

    Question Proceedings of a Lump Sum payment

    I am a legal secretary who has worked in the bankruptcy field for more than 10 years but has never seen my case before.

    Right now I'm a plaintiff in a civil federal case of sexual harassment (hostile environment type) against a former boss, a famous bankruptcy lawyer and partner of the firm (because I cannot find lawyers to represent me, the USDC assigned me 2 excellent attorneys). I know a job well done, I'm a legal secretary.

    I needed to file for bankruptcy because, after 2 years, I could not find a well paid job and my home was for foreclosure. My civil case lawyers know nothing about bankruptcy. With my knowledge I filed the petition with schedules and the necessary documentation but, in the chapter 13 PAYMENT PLAN I proposed a LUMP SUM only (with the OK of the mortgage company) of the house debt in 2 years without mentioning the proceedings.

    In the 341 meeting the plan was rejected by the Trustee and I must find a lawyer to correct my documentation and amend the plan. The problem is that EVERY attorney where I live knows my former boss and I'm apprehensive. The first Judge assigned to my bankruptcy case withdraw himself and recently the Trustee resigned because he is a friend of my former boss. Somebody instructed my attorneys to file a motion requesting "Interim Compensation" (heard of it in Chapter 11 cases for professional services but, never on Chapter 13 cases).

    How can I amend the Payment Plan to explain that the proceedings will be from the outcome of the civil case or the selling of the house.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Proceedings of a Lump Sum payment

    I'm not sure what your question is. If you failed to disclose assets when you filed for Chapter 13 protection, that's apparently the root of your problem and you need to declare them. If you don't wish to have proceeds from a settlement or verdict included in your Chapter 13 plan, you're probably going to be out of luck. You should tell your lawyers about your bankruptcy.

    You can go way outside of your county for a bankruptcy lawyer. You don't need a local lawyer.

  3. #3
    Join Date
    Feb 2007
    Posts
    3

    Default Re: Proceedings of a Lump Sum payment

    Quote Quoting Mr. Knowitall
    View Post
    I'm not sure what your question is. If you failed to disclose assets when you filed for Chapter 13 protection, that's apparently the root of your problem and you need to declare them. If you don't wish to have proceeds from a settlement or verdict included in your Chapter 13 plan, you're probably going to be out of luck. You should tell your lawyers about your bankruptcy.

    You can go way outside of your county for a bankruptcy lawyer. You don't need a local lawyer.
    Mr. Knowitall:

    My lawyers in the civil suit knows about my bankruptcy. I disclosed my assets (my house) in the bankruptcy; I did not include the suit in the schedules because the Complaint was filed outside time-frame requested in the schedules. Should I amend the schedules and include the suit?; should I explain in the payment plan that I will pay the secured debts with the proceedings of the suit or the refinance of the house?

    My salary in the current employment does not allow me to pay a lawyer, even through installments in the payment plan, only on a lump sum. Where I live attorneys charge $3,000.00 up to the confirmation of the plan.

    I do not live in a "county" kind of place . As an example, is like if I live in the Virgin Islands where everybody knows everybody and I could hire a lawyer from, let's say, Florida.

    I really need help, I do not want to loose my house.

  4. #4
    Join Date
    Nov 2006
    Location
    Texas
    Posts
    354

    Default Re: Proceedings of a Lump Sum payment

    I assume you are employed now, or is that why the trustee rejected your Chapter 13 wage-earner plan. You have to reveal in your schedules any potential civil settlements. If you cannot find a bankruptcy attorney to represent you (which makes no sense to me), you can amend the schedules yourself.

  5. #5
    Join Date
    Feb 2007
    Posts
    3

    Default Re: Proceedings of a Lump Sum payment

    Mr. JustBreath:

    I am working now. I just need to know if I need to amend the shchedules to include the legal suit (even though is outside of the time frame requested in the schedule) and to explain that the proceedings of the legal suit will pay in a lump sum the mortgage debt. I know how to file the ammended schedules throug a motion requesting.

    I live in a small island, everyone knows everyone, that is the reason of the lack of legal advise in regard to bankruptcy. Even to file the complaint for the civil suit was made pro se and, therefore, given an attorney by the USDC Judge.

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