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    Problems...any thoughts?

    We're alomst one year into our Chapter 13.

    We originally filed chapter 7 (old law) and converted to keep our vehicle. The vehicle is outside of the plan. We cannot keep up the payments are are behind. There has already been granted a motion to lift stay, so I know the car can be gone at any minute.

    We had our case transferred when we moved because of a military PCS. Our plan payment is figured on our income prior to the move. Our income was about $2500 higher, because the military gave more for housing and a cost of living allowance. We don't get that anymore, and it is cheaper where we are now, but not cheap enough. Even if surrendering the car and cutting our budget to the bones, we are in the negative about $67.00.

    Since we converted a 7 to a 13, can we convert back to a 7? I was told by our attorney in Hawaii that we could, but there would be a hearing with the judge. We aren't with that attorney, since she cannot practice here, and we're pro se. I can't find anyone who would take our case at this point, so we may be doing tons of homework to go it alone. Also, if we convert back to a 7, we obviously will not be able to keep the car. What are our options until discharge for something to drive? 722 doesn't do business in our new state (Louisiana), and cash is not really an option, as everything is going out basically just to survive.

    We are not behind on our payment to the plan yet, but it's going to happen either now or in April, after a death in my family depleted what little I had scraped together, in getting a plane ticket home. I don't know if we should try to get our payments suspended for a few months, though our income won't ge up or anyhting, so I'm not sure that will solve anything. We can modify, but when I work amended I and J, there isn't anything left to fund a plan. Or we could convert, and be without rtansportation until discharge...

    I guess there isn't much hope for us either way...I love being able to vent here, though!
    Last edited by coma; 03-19-2007, 06:21 PM. Reason: Edited to fix a typo
    Filed CH7 - 10/13/05;
    341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
    Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
    DISCHARGED: 2/15/08

    #2
    So sorry to hear about your troubles, coma.

    Some options: Look for a legal aid office in your area. Although they may not be bankruptcy specialists, under the circumstances a legal aid lawyer can at least guide you though your response to the court, and they will work for a very reduced fee, sometimes even for free. Also very rarely a successful bk lawyer will take on a deserving case pro bono (at no cost) or for a very reduced cost. Make appointments for free consults in your area and be upfront about your situation. Nothing to lose, everything to gain.

    I don't recall your personal situation, but is there anything that can be done to increase your family income even a little, even for a little while, to get you over the hump and get a bit ahead again?

    Whatever you do, do everything you can to prevent your Ch 13 case from being dismissed for non-payment. Go talk directly to your Ch 13 trustee first to tell them you are struggling to make your payment. If he/she can't/won't help you, go to your bk district judge directly and tell him/her you can't find a bk lawyer who will take your case and since your income dropped since filing, you are getting to the point you can't make your monthly payment.

    You are most welcome to vent here any time you need to. You are in a tough spot at the moment - hang in there!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Thanks for the kinds words! I'm looking for a part-time job. There's not much out there, but I have appplications in everywhere I can/ I'm just afraid of losing the car, since we're behind. Then I couldn't even get to work if I found a job.

      I'm going to try the legal aid thing. There aren't many BK attorneys here, I've already called all of the ones in town, though I can try out of the area.

      I'm definitely going to contact the trustee. Just going through receipts and stuff to do our budget, I can't find enough money. Anyway, tanks...this is such a great board.
      Filed CH7 - 10/13/05;
      341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
      Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
      DISCHARGED: 2/15/08

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