"Can I get out"

[joshcohen]

If you are using any of the protection afforded by bankruptcy, like the Automatic stay, for example, then that will disappear? Please have them clarify this statement I never heard "Automatic Stay" ever If I move to dismiss do I have protection? Need more clarification!

[newbie2]

I have been in a chapter 13 for 2 years now and I have 3 years left on my payment plan. The original plan was to pay back $50 K that I transferred from a trust and payed my Dad back with. Other than that at the time I qualified for a chapter 7. The Lawyer's reasoning for the Chap 13 was he thought that they may go after my Father for the $50k that I transferred to him. My father has since passed away and I am still paying 755.00 per month and it is killing my wife and I. Unfortunately I make close to $200k per year so now I do not qualify for chapter 7. Any thoughts out there?

You can always quit paying and have your case dismissed. If you do that though none of your unsecured debt will be discharged. Call your attorney and ask about what is your best option since you are struggling even with income higher than when you filed.

[jcj112562]

If you can handle all of the assorted debt that you have now, as well as the debt you did not pay back, then you can *always* move to dismiss your own case. If you are using any of the protection afforded by bankruptcy, like the sutomatic stay, for example, then that will disappear. Making 200K would tend to make it easier to deal with any debt you might have that is collectable at this point, but that would be up to you, and your attorney.

John

[joshcohen]

I have been in a chapter 13 for 2 years now and I have 3 years left on my payment plan. The original plan was to pay back $50 K that I transferred from a trust and payed my Dad back with. Other than that at the time I qualified for a chapter 7. The Lawyer's reasoning for the Chap 13 was he thought that they may go after my Father for the $50k that I transferred to him. My father has since passed away and I am still paying 755.00 per month and it is killing my wife and I. Unfortunately I make close to $200k per year so now I do not qualify for chapter 7. Any thoughts out there?