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Convert to 7 or dismiss...

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    Convert to 7 or dismiss...

    I've been in this BK13 since March 05 and now looking at divorce. With wife gone I'm having issues with the mortgages (which is and always has been current). My lawyer said that I could sell the house but I wouldn't have enough equity to pay everything 100%; dismiss the case, sell the house and try to pay the owed their money on my own; or forfeit the house by converting to a BK7 and reaffirm the Explorer that we're paying back 100% through the plan because it was leased. Any input ???

    Another quick question...after discharge is a Chapter 7 looked at differently than a Chapter 13 to potential lenders? I'm worried about moving on and trying to find a place of my own and again buying in the near future. My debt to income would be about 15% with child support and a car loan for the Explorer mentioned above.

    Many thanks to everybody for all their advice in this forum...
    John
    John, Virginia
    Case Confirmed: 5/20/05
    Property Closing: 9/20/06
    Buy-out and Discharged: 9/27/06

    #2
    My first question is, what DO YOU want to do with the house, do you want to keep it and live in it?

    My second question is, why would you have to forfiet the house in a chapter 7, is it that you simply cannot afford the house, is there too much equity, etc?

    What about modifying you plan given your new circumstances, you can modify a chapter 13 plan at any time, or do you not have any disposible income at this point?

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