Expert: Terry Leeders - 8/9/2007

Question
In early 2005 I filed chap. 13.   I was working f/t.  In 2/06 I lost my job and also began receiving my social security disability.  When I filed I was my only dependent.  In 8/05 I legally obtain custody of my grandson.  I informed my attorney of both changes and in turn he informed me that the best he could do was to decrease my payments from $110.00 bi-wkly to $95.00 bi-wkly.  My monthly check at the time was $663.00 a month.  I could not afford the payments but I tried on and off. I now work p/t and get my check but due to the pile up of bills and those I owed from when I wasn't working i was unable to meet my Chap. 13 obligations.  I had sent my attorney an email with my PO box because I moved and was living out of my car.  He said he never got the email thus I never got a court day in the mail and my chap. 13 was dismissed.  They are requesting I surrender my car I need it to get to work and grand baby to work.  Is there anything i can do. Can i refile and do I have to use the same attorney.  I need help ASAP
Thank you,

Answer
Yes, you have options.
1. you can work something out with the car company (if they are willing)
2. You can refile.  You have to show the court a positive change of circumstances, showing that this case is more likely to succeed than the last one, and you will have only 30days protection from your creditor (unless your attorney brings a motion to extend that)
3. You can use any attorney you wish to hire for the new case.
4. Time is of the essence, as the car company is most likely out there looking to repossess the car.