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Chapter 13 to chapter 7 what do you think

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    Chapter 13 to chapter 7 what do you think

    Hi this is my first post here and here is what I have going on. We filed for chapter 13 about 4 months ago and we are having problems meeting the $900 a month payment and being able to provide for are family of five.
    Background info is last year I was told I had stomach cancer then was told no I didn't and back and forth between the two so I went to MD Anderson cancer center in houston tx which is 900 miles away and they said 80% chance it was so I had surgery and it was NOT cancer BUT they have no idea what the tumor is and still don't know to this day. On top of that I have mental issues that cost monthly also. I draw SSI disablity not proud of it but I do. My wife works and we have 3 children.
    When we done our plan we had no idea what the next few months would hold. I started having stomach problems again and MD Anderson wanted to see me and we had to make the trip(thought we were all done with them) but now they want us down there every three months due to the fact that they have no idea what the tumor was. Our utility bills have went up about 40% during this time also. MD Anderson wanted me to see a GI down there but we told them there was no way that we could and now I have to go twice a month to a gi doctor 175 miles away on top now have to go to MD every 3 months.
    Our income is well below the median income in my region. I have some conserns though we owe 27k on my house which is worth around 35k will I have to sell my home? Another concern on my home was I was behind on my mortgage and there is a rearage of around $550 will I have to bring this up to date if we can go chapter 7? Also my attorney who is very nice had his fee for the 13 filing added to the plan how will that work in most cases? There is also around $2400.00 balance in chapter 13 plan account what will happen to it? I won't be able to speak with my attorney until the first of next week and would like some input on what my be said by my attorney.
    Thanks

    #2
    Sounds like you filed Ch 13 before your health problems were fully resolved. It would have been better to wait, but perhaps you couldn't if you were facing foreclosure. Can't change that you filed though - the deed is done.

    All you can do now is sit down with your attorney and see if an amended Ch 13 plan that allows you to keep your house is a possibility. If you were below the median before and now have even higher expenses (utilities and medical bills), then it may be time to face that keeping this house may not be possible and allow your case to be converted to Ch 7. To keep the house and covert to 7, you will need to catch up the mortgage arrears and pay your attorney whatever he/she charges for the conversion that you may not have paid yet.

    If you wait until your medical problems settle down to convert to Ch 7, then although you may lose the house, you will also be able to wipe out your medical bills - no small thing given the personal medical problems you describe.

    Are your medical caregivers aware you are in Ch 13 and are going to have significant problems paying any medical bills after you filed? Have you arranged payment plans with the hospitals and doctors to handle the post-filing bills yet?
    Last edited by lrprn; 03-01-2008, 12:26 PM.
    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

    Comment


      #3
      Yeah, if you are going to be facing significant new debt (from medical bills), you may simply want to voluntarily dismiss you chapter 13 and NOT convert.

      Comment

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