chap. 13 ----> chap. 7

[ozzy866]

I got a call from my lawyer on Saturday saying that we were 4 months behind on our mortgage payment. I remined him that I was in the hospital for 3 months and we missed 4 months of BK payments which were OK'd by the trustee. The trustee just raised my monthly amount signifigantly. I guess Bank of Amer. is wanting out of the BK deal now. I looked on Pacer and it says..MOTION TO MODIFY THE AUTOMATIC STAY AND REQUEST FOR ABANDONMENT.
By virtue of the length of the default and the stay of this proceeding, there is sufficient cause to terminate
or modify the automatic stay.
At the time we filed our chap. 13 my wife was just 6 years out of a chap. 7 and we were over on our means test in Indiana.
The timing issue is OK now but we are still over by about 10K on the means test.
Due to the hospital visit and some other circumstances our monthly out of pocket medical and money for counseling twice a week has really been tough.
We have stuck to the plan in which the trustee had agreed to.
We are 1.5 years into the chap. 13 and our lawyer thinks even with the 10k over on the means test we can get through a chap.7.
How is he going to do this? I am not sure I understand? And what about our house? Are they going to take it?
What paperwork does he need? I want to get it all to him Monday morning.
Thanks
Oz

[aces67]

You can be over the means test and still file a Ch 7. You just have to show little to no disposable income at the end of the month.

I'm not sure about your house.