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giving house back and then filing a chapter7

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    giving house back and then filing a chapter7

    Hello,
    We are in a chapter 13 and we have about 15 months to go on it yet. All of our secured debt will be paid off in 2 weeks and then it starts on our unsecured debt.We have a son that is Autistic and we have a HUGE opportunity to move to Texas where they have schools and resources for him that specialize in Autism that we don't have where we live right now.My husband was offered a job that will pay about $3.00 more an hour but he wants me to be a stay at home mom. There is no way we can afford trutee/mortgage payments here and our bills in Texas. So we were thinking of giving the house back to the bank and then filing a chapter 7 to get out of the debt from the ch 13 and the $$ from the house. Is this possible ?

    #2
    Im no expert like some of the other's on this forum. But, I believe you can get your current case dismissed, or converted to a ch7 if you qualify. That is what our lawyer said we could two after two years into our ch13. We dont have a home to save, but currently dont qualify for a 7 as we filed a 7, six years ago. Clearly, providing the best care for your special needs son, is worth far more than any home(in my opinion)! The best thing to do would be to contact your lawyer. Good luck!

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