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What would happen if i canceled my 13

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    What would happen if i canceled my 13

    I am sooooo SICK of chapter 13. I've been in the plan for 2 1/2 years and i give them 1300 every month. I'm lucky to keep enough food for my kids, not to mention anything extra. It's sooo HARD when you have kids that want things and we can't get them. We don't even have money to go out and eat. This SUCKSSS. What would happen if I just called the trustee and said I want out!!!!!

    #2
    Automatic stay would be lifted and you would owe everything with interest. The vultures would be back.
    *** THIS IS NOT LEGAL ADVICE--ONLY A LAWYER CAN PROVIDE THAT. ***

    My posts represent hours of research on and off the web, these forums, my experience, and my opinions.

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      #3
      what made your

      payment so high? Did you have that much disposable income? You can file a motion to dismiss your case but just remember any stays that were in place leave the day the case is dismissed,

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        #4
        Like they said, all the protection in the form of automatic stays will be lifted and the bill collectors can come after you, and they will, ASAP. How much longer do you have in your plan? I know it sucks, my payment was $1302 a month.

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          #5
          Hi summer,

          I too have been stuck in debtors’ prison now for 57 months, some days are just soooooooo discouraging, but the months do past by and the end is in sight now.

          Most Chapter 13s are voluntary and you can have your case dismissed at anytime, no one can keep you in bankruptcy if you really want out.

          Having you case dismissed should be only your very last resort, all the creditors and interest will come back now, would you really be better off?

          If your expenses have gone up substantially more than your income, than you could submit a plan modification and see if your payments can be reduced.

          If you own a home, than a refinance may possible, check with your lawyer first.

          Can you barter some type of service with friends or family for extra money, you are under the old law and 3 years is coming up at which point they are not very interested in your income, could you find a part time job, or some other way of bringing in a few more dollars.

          I feel for you, sending you a very good dose of encouragement,

          Take care,

          bkbiker

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            #6
            Summer, can you file a plan modification and try and lower the payment? I would contact your attorney. While I know it seems that way, Chapter 13 is not suppose to leave you living in poverty. Has the plan always been this difficult, or has expenses, such as fuel / utilities / clothing went up without equilivalent changes to your income?

            How much time do you have in the plan? Was it a 3 year or 5 year? If it is a 3 year, you might just try and stick it out 6 more months.

            As everbody has said, dismissing your chapter 13 would just bring the vulchers back on you with all the added interest.
            Last edited by aa06a47; 06-23-2006, 02:08 AM.
            Chapter 13 Filed 4/03/06 :blink: 341 Meeting Complete 5/11/06 :yes2:
            Plan Confirmation 6/16/06 :yahoo:
            Discharged: 1/5/2010 :yahoo::yahoo::yahoo::yahoo:

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              #7
              Summer,

              Try to hang in there. It is not easy, but look where you have been. You have already paid 2 1/2 years. That is an accomplishment! Most people don't even get that far. Take everyone's advice and see if you can do a modification to your plan. Don't dismiss your bankruptcy. The vultures will be back with a vengence and then no one will be able to stop the judgements, garnishments, etc. Good luck.
              sigpicPersevere: "To continue a course of action, in spite of difficulty, opposition or discouragement."

              Chapter 13: Discharged 03/15/2010. Closed 05/19/2010::yahoo::yahoo::yahoo::yahoo::yahoo:

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                #8
                Summer,

                I know it is hard and we have only just started. Our payment is $1880 per month which includes our mortgage. My husband is also facing major surgery next month and I may or may not have a job in six months because my grant may not be refunded.

                If you only have six more months to go, hang in there and God bless--

                jane
                Filed: 2/24/2006
                341 mtg: 4/4/2006:angel:
                Discharged: 9/25/08!!!!!:yahoo::yahoo::yahoo::yahoo::yahoo:

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                  #9
                  Summer--please think twice about dismissal---you are so close to that 36 month point!!!! Quitting now would not help you in the long run, but if you stick it out just a few more months, you will have a FRESH START!! Rather than still carrying around debt and mad collectors. Plus, if they garnish your wages you might be worse off anyway, and they very well could do this.

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