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question on filing chapter 13 again?

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    question on filing chapter 13 again?

    I filed chapter 13 last december and everything was going fine until my work slowed down and i finally lost my job two months ago. I have a job now but im 45 days behind on my house payments and everything else except the bankruptcy payments. Is it possable to file chapter 13 again or amend the current one somehow. I want to keep my house so i cant file a chapter 7. My new job pays a little less than my old one so i could never get caught back up because of the bankruptcy payments if that makes since. Thanks

    #2
    Yes, contact your attorney and you should have done that when you first lost your job and got behind on your house payments. You don't want to be late with any payments during a Chapter 13.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

    Comment


      #3
      Also, the comment about "I want to keep my house"....so do we all, but sometimes, we have to give up the things we love in order to survive.
      Filed: October 1, 2007 341: December 10, 2007
      CONFIRMED: December 10, 2007
      Payment: $825 / Mo. for 5 Years-29 MONTHS OF Pmts Down 23 to go!

      Comment


        #4
        Originally posted by MajorMike View Post
        Also, the comment about "I want to keep my house"....so do we all, but sometimes, we have to give up the things we love in order to survive.
        I understand what you are saying but I want to try everything to keep my house. i can afford it but the way the plan is under my old job i had disposable income and if the new job was figured it would lower that.
        I did contact the trustee and told them about my job loss and i asked about getting the payments reduced and they said they couldnt do anything until i found another job. my lawyer told me that you have to have income to be in the 13 plan.

        My lawyer is on vacation and I just started my job last week thats why I was asking on here if i could amend the plan of file again while still in a chapter 13.

        Thanks

        Comment


          #5
          Originally posted by pontiac467 View Post
          I understand what you are saying but I want to try everything to keep my house. i can afford it but the way the plan is under my old job i had disposable income and if the new job was figured it would lower that.
          I did contact the trustee and told them about my job loss and i asked about getting the payments reduced and they said they couldnt do anything until i found another job. my lawyer told me that you have to have income to be in the 13 plan.

          My lawyer is on vacation and I just started my job last week thats why I was asking on here if i could amend the plan of file again while still in a chapter 13.

          Thanks
          Your present Plan is based on the financial circumstances you had when you filed. It is your obligation when there is a change of those circumstances, whether higher or lower income, or a job change or job loss to inform your attorney immediately since you have a change of financial circumstances that can affect your plan. Also, it is not the trustee who represents you it is your attorney and usually a trustee will not even talk with you when you are represented and advise you to contact your attorney. In your specific circumstances here, ensure your attorney contacts you when he returns from vacation and do not be late with any Plan payments. We too wanted to keep our house and ran into some job issues with one of our employers filing bankruptcy (entire company let go) at the start of our Plan but it can be resolved. We too were advised by our attorney to find a replacement job immediately, the pay was $6,000 a year less for the new job and our plan was modified at our 341.
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment

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