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Father-In-Law's Chapter 13 / Dismissal? Discharge?

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    Father-In-Law's Chapter 13 / Dismissal? Discharge?

    My husband's father is currently in an active Chapter 13. He only had one secured debt, his truck, and the rest were unsecured medical debts. The secured debt was paid off in January. His payments are currently scheduled to continue through August 2008, 16 more months. The value of the truck is approximately $3000.

    Due to declining health, we have placed my father-in-law in a nursing home. For the first 3 months, they will let us keep his social security payment, but after the first 3 months, he will only get a $40.00 personal allowance per month. He has absolutely no other income, and no way of returning to work.

    I have paid the current payment to buy us some time, but I am wondering what our options are at this point. If we were to do a voluntary dismissal, what would happen? I know that Social Security cannot be used to pay old medical debts, so would they have to write these off? Is there any way that they would try to hold my husband and me accountable for these debts? Would they take my FIL's truck, even with it being his only asset and the only way that we will have to take care of his final arrangements? Would we even get the title to the truck if we were allowed to keep possession? Are there any circumstances in which the court would consider forgiving the rest of his plan payments? How do we go about getting something done?

    I have considered paying 3 times the normal payment amount for May, June, and July while we are still receiving his social security, but from what I have read, that might just result in more being paid to the unsecured creditors and not in a reduction of length of payments. Also, we would be very limited on what we could pay after the nursing home begins taking his social security. I have requested payoff information, but have yet to receive it. Would it be better to save his social security for the next 3 months and hope that it would cover the payoff amount at that point? I have also tried to contact his attorney, but he has not returned my call yet.

    Does anyone have any ideas or possible options? My husband and I have 3 children under six, and while we feel it is our responsibility to take care of his father, we are very limited in what we can do financially.

    Thank you so much for reading, and any advice is greatly appreciated!

    Mandy

    #2
    Do you know if Dad filed before the Law change in October 2005, or after the New Law took effect.

    Old Law Ch 13's were handled differently. Once the Plan was confirmed the Pot was set. That's all you owed and had to pay. New Law isn't like that.

    So we need to start there.

    Another thought for you would be to see if Dad can convert to a Ch 7. SSI is exempt as far as income is concerned. So that may be a possibility for you too.

    Maybe schedule 3-4 BK Consults with different attnys and get some professional input. Generally, Consults are free and you can learn a lot about your options.
    Filed Ch 7 - 09/06
    Discharged - 12/2006
    Officially Declared No Asset - 03/2007
    Closed - 04/2007

    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

    Comment


      #3
      Originally posted by SinkingFast View Post
      Do you know if Dad filed before the Law change in October 2005, or after the New Law took effect.
      I believe that he filed in August 2005 or just right before that. I'm pretty certain that it wasn't after October. If I'm not mistaken, he said that it was a 3 year plan and since it's due to be paid in full in August 2008, that would be right. But that's another thing that I will have to verify.

      Thanks for your input!

      Mandy

      Comment


        #4
        Another thing to look at would be a Hardship Discharge. Since Dad's health and living situation has taken a drastic change, that may be a viable option.

        While I would talk to several attnys to see what your options are, chat with the attny that filed the original plan. See what that attny has to say. He/she may work on the case as part of the original fee Dad paid. Maybe all you'll owe will be a few Court Filing fees.
        Filed Ch 7 - 09/06
        Discharged - 12/2006
        Officially Declared No Asset - 03/2007
        Closed - 04/2007

        I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

        Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

        Comment


          #5
          I think that Dad would be able to get a hardship discharge. After you get this taken care of and if he was in the armed services go to the VA and apply for a pension. My dad receives $90 a month and that is all he can keep. But it"s better than the $30 a month he was allowed before. I don't know who qualifies but I think if you are in a nursing home and you were in the service than you get it.

          Comment

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