Need Advice...

[changbob]

I never thought I would seek advice outside of my attorney for my case, but it seems even they are not providing me with answers.

I am currently 20 months almost 2 years into my chapter 13 on a 60-month plan.

I am living at home with my father and mother and siblings. I was helping my father with half of the mortgage payment as my rent. On 12/24 my father passed away unexpectedly from a stroke. My mother doesn't work and cannot pay mortgage, nor does my siblings have the funds to make the mortgage payments. I am able to make the mortgage payment, but that would leave me with no funds to pay for my chapter 13 plan. I also now have my father's funeral expenses that I have to worry about. I can't just let the mortgage not be paid as I cannot let my family be homeless.

What options do I have? My attorney unfortunately told me tough luck as it is seen as new debt that cannot be rolled into the payment plan, that I agree because technically the mortgage payment will be new debt, but to say there is nothing they can do to help until maybe later on the year... I just can't seem to wrap my head around that.

So my question to anyone here would be: Is there anything I can do, or what options do I have?

Thank you.

[justbroke]

First, you should take anything that I write with some reality that I don't know your bankruptcy district, your trustee, your attorney or the specifics of your case.

If your Chapter 13 has mandatory (required) payments and you can't afford them, then your case is simply not feasible. In other words, if you have things such as priority payments, arrears, attorney fees, and other administrative priority debt, and you can't pay that debt because a new housing requirement has arisen, then your plan is infeasible. Are you in a Chapter 13 because you were trying to save property or was it solely because you had rising debt and had the ability to pay something? I'm asking because I wonder if you qualify or would have qualified for a Chapter 7 from the beginning.

Another problem your have appears to be that you don't own the home. You have no legal obligation on the debt which complicates things as far as debts "necessary" for the rehabilitation of the debtor (Chapter 13-speak meaning, simply, that it's not yours and you don't "need" it).

As for dealing with the "immediate" needs, you can have your attorney ask for an abatement of your plan payments for several months so that you can get your family's affairs in order. Please realize that the abatement may tack the missing payments onto the end of the plan. You need to find a real answer to this mortgage issue because it is not your debt and the difference in your future payment is, in fact, "new" debt (unanticipated, but still new).

Did you ask about conversion to Chapter 7?

[changbob]

I did not qualify for Chapter 7 based on my income. I filed for bankruptcy mainly because I should've been more wise during my college years. My father was the only person on paper for the home. He did not leave a will and from the talks with the bank it will either fall under my name or my mothers.

I thinking even if I don't add the full mortgage payment to my plan, would it be possible to increase my rent so that the monthly payment to my Chapter 13 is lower? I am not looking for a way out of my chapter 13, but mainly a solution to make it bearable to still do the payments and help keep the house for my family.

I read around a little and did some reading on hardship request, but that also seems to be something difficult to head with.

[leonel9]

Is your mother disabled? If so, I would ask if the additional payments could be considered support for a disabled family member, possibly qualifying you for a Chapter 7 case.

[justbroke]

I agree with leonel9. You should ask your attorney about increased support payments, but... and there's always a but... the issue on whether you have "required" (mandatory) payments in the Chapter 13 could prevent you from increasing your support for an elderly or aging parent.