Expert: Mark J. Markus- California Bankruptcy Attorney - 8/6/2009

Question
I work for the State of California. I filed chapter 13 with an attorney in April 2008. In May 2009, I asked my attorney if I could modify my payments because my income was reduced 10% and now almost 15% by the governor with furloughs.  I was told not to make my June or July payments toward the chapter 13 and when I received notice of delinquency from the court, he would then file.  When I went in today, he stated that it would cost $1,000 in addition to court fees.  He did not tell me about this cost in May.  I cannot afford to pay him $1000.  Can I file a modification on my own?  Can I convert my Chapter 13 to Chapter 7? Can I do this pro se?

Answer
You can do the motion for plan modification on your own if you know all the format, rules and procedures, as well as how to draft a legal pleading.   You should ask your attorney if he can take his fees from the monthly payments you are making (through the Trustee).   You can always convert your case to a Chapter 7, but you have to be otherwise eligible for Chapter 7 (i.e. no surplus income, etc.).   This is a question your attorney is best able to answer since he has all the particular information of your case.

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