Should I file Chapter 13 hardship &/or Chapter 7

[defyint]

[helpless]

I am so sorry for your losses. Did you amend your 13 plan when you husband died due to loss of income? I certainly think that you should try and do a 7 if you can and if need be, walk away from the house owing nothing. Get a fresh start. Good luck.

[defyint]

I am so sorry for your losses. Did you amend your 13 plan when you husband died due to loss of income? I certainly think that you should try and do a 7 if you can and if need be, walk away from the house owing nothing. Get a fresh start. Good luck.

No I did not file an amendment. Basically, my attorney was no help.

[SinkingFast]

Here's a link that might be some help to you:

https://www.13datacenter.com/index.asp

You can look up your Ch 13 Plan there. What's been paid in and what's been paid out to who.

I'm a bit confused. When you filed Ch 13, were your mortgage and back taxes to be paid IN your Ch 13 plan, or were you responsible for them yourself.

It sounds like you've been paying those outside the Ch 13 plan. And your mortgage payment has snowballed. What started out with 3 months payments and 2 years taxes arrears has grown into 3, possibly 4 years of taxes??!!

I don't know what would constitute a Hardship that would allow for Discharge of a Ch 13, but it certainly sounds like you've been thru the wringer.

If you don't qualify for a Hardship Discharge, then you should definitely look into converting.

Maybe, and I know this is tough to hear or consider,......... You should even consider letting the house go and moving to a more economical situation.

You originally filed Old Law so if you convert, Old Law rules would govern the Conversion. We can't really help you with the consequences as we don't know how much equity you have in your home, what State you live in, do you have other assets to consider. Cars, and such.