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BK 13 Plan is unaffordable due to increased medical bills

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    BK 13 Plan is unaffordable due to increased medical bills

    Met with BK lawyer today. Just received approval for loan modification. However, we didn't qualify for the government program. Our Mortgage Servicer put us in a plan they have. It only lowered our monthly payment by $200 from our original mortgage. The family medical bills have increased due to my daughters and wife's new diagnosis's. We laid out all of our expenses and my monthly income. We are -$228 for the month. My wife doesn't take her medication according to how it's prescribed so that we have money for the kids, food, gas. We almost lost our house because the payment was too much. Now even though we have a modification we are still in the red each month.

    We presented this information to our lawyer and of course he directed us to the means test which showed I had a positive DMI because of how much I make. We don't know what to do. The lawyer wants us to provide him with the new medical bills and diagnosis for my wife and kids. He wants as much information as we can provide to bring with him to the hearing with the Trustee. We are hoping to get a modification to our plan so that we can live. We would love to convert to a Chapter 7 however we don't pass the means test. We are stressed out!!!! If our Lawyer can't get the plan modified I think our only option is to sell our house on a short sale and rent. We have two kids with special needs and the idea of renting will be even more stress. The possibility of having to move frequently will be very disruptive. Our plan has already been modified once. We took in my Father-in-law about a year ago. He's elderly. Because we've already had a modification our Lawyer thinks it will be a stretch for another one, however he's going to try.

    We feel like we are in debtor's hell! Every program we look at we don't qualify because of my income. We are 2.5 years into a 5 year plan. We just don't know what to do.

    #2
    Your lawyer is doing his best. With what you have stated, I cannot see how you would not qualify. If your wife took the amount of medicine she is prescribed, no doubt you would fall into C7 city. Don't let her health go for the sake of making payments to C13. C7 would give you a new start. List your paperwork as if you spent the correct amount of meds for your wife and then do spent the correct amount on those meds. Don't be your own doctor. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      If you can provide those bills and diagnosis from the doctors I really think there would be no problem,Is the attorney taking in the new info?Sit down with your wife go over EVERYTHING...Remember if you go to a 7 they look for assests...I really hope you the best..

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