Motion to Dismiss hearing is tommorow...many questions

[jetsfan2007]

Heres some background for those that didnt see my earlier post. My attorney spoke with the trustee, supposedly explaining the situation regarding my decrease in income, but the trustee did not agree to work anything out with my ch 13 payments that were behind(approx 4,000). He basically told me I now have 3 options

1. He could buy me about 10 days time to try to convert my 13 to a 7, but I would more than likely still lose my house and car, and my prioritized debt(taxes) would still have to get resolved.

2. Allow the 13 to get dismissed and immediately contact my mortgage company's attorney to attempt to work out a time frame to pay the mortgage payments that were behind prior to the 13 was filed(approx 6,000)

or

3. Show up at the hearing and plead my case to the trustee. He said this option usually doesnt change the ruling, but at least you can be heard and state the reason you have fallen behind.

My questions are if I allow the 13 to get dismissed, how fast usually are the creditors notified, and can I realistically save my house and car?

My car has not received any payment since I filed, would they be willing to work something out if its dismissed as well?

Sorry for rambling but I need any and all advice...thanks

[Minnymouth]

Okay, WHO told you to quit paying on your mortgage and your auto when you field bankruptcy.... especially since you wanted to keep them??

Since you are so far behind on paymets, especially in a Chapter 13, it is very unlikely that creditors will work with you in any way!

I don't understand WHY your Chapter 13 attorney would let you get in this type of situtation and not say something when you started being late on payments.

More than likely you will have your case dismissed and quite possibly you will loose your home and auto in repo and foreclosure....

[jetsfan2007]

Okay, WHO told you to quit paying on your mortgage and your auto when you field bankruptcy.... especially since you wanted to keep them??

Since you are so far behind on paymets, especially in a Chapter 13, it is very unlikely that creditors will work with you in any way!

I don't understand WHY your Chapter 13 attorney would let you get in this type of situtation and not say something when you started being late on payments.

More than likely you will have your case dismissed and quite possibly you will loose your home and auto in repo and foreclosure....

My auto was included in the 13. when income dropped I made my attorney aware I was having problems making payments, but because I had fallen behind he said the trustee wouldnt work with us to do anything.

[jetsfan2007]

a co worker gave me the option of allowing my 13 to get dismissed, calling a real estate investor, doing a quick sale and rent back from them, then convert to a 7

[jerzey]

a co worker gave me the option of allowing my 13 to get dismissed, calling a real estate investor, doing a quick sale and rent back from them, then convert to a 7

those "deals" are always questionable

[Minnymouth]

Yes, that is an option if your co-worker is in a postion to help you with a quick sale after case is dismissed.

Shame, after all this, and the bankruptcy even tho dismissed will stay on your record for several years.

Keep us posted.

[jetsfan2007]

Yes, that is an option if your co-worker is in a postion to help you with a quick sale after case is dismissed.

Shame, after all this, and the bankruptcy even tho dismissed will stay on your record for several years.

Keep us posted.

I agree. My father who disagreed that I filed BK to start, said that most of the people he knew ended up worst situation when the BK was dismissed, then they were prior to filing.

I dont know if my car finance company would be interested in working with me, my concern is if my car is repoed I have no other means of transportation, I would be stuck.

[Cali]

Who are you financed with?

And sorry to hear about the mess you are going through now.

I agree. My father who disagreed that I filed BK to start, said that most of the people he knew ended up worst situation when the BK was dismissed, then they were prior to filing.

I dont know if my car finance company would be interested in working with me, my concern is if my car is repoed I have no other means of transportation, I would be stuck.

[jetsfan2007]

Who are you financed with?

And sorry to hear about the mess you are going through now.

my car though navy federal credit union

[jetsfan2007]

well the motion to dismiss was granted by the trustee today, and my attorney stated now if i were to refile, I would have to with another attnorney, as he is now a creditor. He also said that unless somehow I could come up with the money in arrears to pay all money plus attorney fees my house would be put up for auction within 21 days, and my car could get repoed within a week. I am going to call the creditors myself before they get the notice from the court and try to work something out.

[HHM]

All I can say is good luck.

[MajorMike]

Yikes is all I can say...

[Cali]

I wish you all the luck possible!!

[rfassett]

You will probably find a welcoming listener when you call about the house. Lenders are being much more cooperative as their inventories are going up. They would prefer a work-out over a repo. You find that they will entertain things like spreading the arreage over several months along with making the current month payment, or even deferring all of the arreage to the back end of the mortgage and making you current today with the click of a mouse. It will depend on whether their system allows it, how far up the food chain you get, and how good you are at begging and pleading.

The car may be a different issue. But if you are on commission in the auto sales industry, use your knowledge and imagination and see what you come up with.

Good luck!

Oh, and the real issue may not be about money here. It could very well be the fact that you are a Jets fan that is causing all of your problems.