in a ch13 and got laid off

[slreno1217]

we have been in a chapter 13 for about a year and a half now, when we first filed we filed it pro se and went to tthe creditors meeting and all. well the creditors meeting didnt go well so we paid an attorny to finish what we started. well we didnt make any payments until the actual order to take the payments out of the wages. it was like 4 payments we missed. at the beginning of bankruptcy. well at the final hearing our 13 was approved and not a word about the payments we had missed at the beginning of the case.

well 8 months down the road gmac attorny seen we missed the payments at the beginning and filed a motion to get relief from stay if we missed another payment and only giving us a ten day notice to catch it up when and if it ever fell behind again, if it wasnt caught up in the 10 day time they get relief from stay without a hearing!. that was all put in as a aggreed entry by my attorny and i in no way agreed to this at all, because i thought this was wrong seeing that it took them 8 months to file for that.

well it gets worse now. my wife was paying these payments out of her paycheck. and she has gotten laid off and we are now 4 payments behind. i am wondering if there is anything we can do to postpone payments for like 30, 60 , or 90 days until get back to work.

i know this is a 2 part question 1st is it likely to get that agreed entry vacated since i in no way agreed to this .. in fact i called and called the attorny telling him i want a hearing on it because i didnt agree to this at all.

and second is there any laws or any steps to takew to get our payments post poned for any length of time due to lay off from work?

[rrockinggramma]

call the attorney and see if you can covert to a chapter 7 now that your wife is laid off.

[slreno1217]

you dont understand ... i have to keep the vehicles..
and want to stay in the 13...

[HRx]

Getting temporary relief from Chp 13 is going will be a headache, and may only wind up causing you more grief in the long run - especially if the creditors are willing to accept the temporary relief. Just have your attorney submit hardship docs.

Are you adament about staying 13 because you want to keep the cars?

Good Luck!

[slreno1217]

yes want bto stay in the 13...what is hardship? wht doesa that do????

[AZbankruptcycli]

you dont understand ... i have to keep the vehicles..
and want to stay in the 13...

I think that grandma is correct. The court will not take the car from you as you need transportation to get to and fro work. As long as you are current on the car and do not have more then $5k in positive equity then there is no reason that you can't keep the car. Why did you file 13 vs. 7 anyways? Just curious because all debt should have been wiped out if you chose a seven.

[slreno1217]

not being rude but why does everyone keep avoiding the 2 questions i asked,
i dont want to convert ot a 7 at this point.. my attorny is a total jerk and i want to know a bit of info before i head into his office.

i really need the 2 questions answerd is all.

[rrockinggramma]

if your plan is confirmed then your lawyer will have to ask the cout to "modify" your plan to reduce your payments. Another optiion might be to dismiss this chapter 13 and then immediately refile using your new income levels and new expenses. You can then also include any new debt.

[lrprn]

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