Filed BK13 but did I do the wrong thing?

[jg77]

Hello and thanks for looking, recently I filed for chapter 13 bankruptcy and now realize that even by doing that (which was to keep my home) financially I'm still going to be hurting.

I'd like to "start over" and is it possible to ask my attorney to make the switch and allow me to file chapter 7 instead?

Oh and my trustee appt. is on 11/19/08.

[chloe0724]

Yes, you can. I would call them asap to get this going. You would still have to give up your home to make it work.

[merlotwaytogo]

Do you have to give up your home? What is the homestead exemption is Arizona?

[jg77]

Yea, I need to walk away from this home as my income really wont cut it even after agreeing to do chapter 13. I'm not sure what the homestead exemption here is in Arizona or what that even means.

I'll be calling my atty later who unfortunately is not as kind as one would like to be.

By letting go of the house via chapter 7, does anyone know what the timeframe would be to move out?

[endisnear]

From what i've read on this forum, once you file all foreclosure proceedings stop due to your automatic stay. Your mtg co MAY file to resume the proceddings before you are discharged, but with the amount of foreclosures going on right now, i doubt they would. Once you are discharged the foreclosure proceedings will pick up from there. As to a time line, hard to say, depends on where you're at.....but to sum it up you've got a while before they boot you out!