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    Any suggestions on this situation?

    We filed ch.13 in Dec.2003. At first we did really well but due to the same circumstances that got us into financial trouble in the first place, FMLA leave with no sick or vacation benefits (due to a sick child), increased dr. bills and so on. Anyway, we have been struggling almost as bad as before we filed the ch. 13, sometimes unable to buy groceries.

    We got behind on the both mortgages, the 1st filed relief of stay which we worked out a payment plan paying an extra $380 a month for 6 months on top of the $858 regular payment and $381 ch.13 payment. The 2nd mortgage co wrote my atty and said they would do the same if we didnt start making payments again, we were behind 9 pymts. So we made 2 payments on 2nd but are now again behind 3. We had to get another plan suspension because of FMLA for my child again. Then 2 weeks ago, I became ill and have been diagnosed with Lupus and have had to take FMLA for myself and will probably lose my job as soon as my FMLA is up, only 4 weeks left.

    Obviously we cant go on like this, so how do we get out of this mess? My parents are buying a house in our neighborhood and want to rent it to us. My atty is out of town so I cant ask her right now and I have a ton of questions like, If we just let the house go, does the current ch.13 plan stay the same so we can keep our car and truck? Can we convert to ch.7 to get a clean start and not lose our vehicles?

    I know that my atty will ultimately be the best person to answer my questions but she is out of town and I am going crazy so if anyone has any suggestions, I would greatly appreciate it.

    Thanks,

    M.

    #2
    Yes, assuming you can now show that you no longer have any dispoable income, you can convert your case to a chapter 7 bankruptcy. However, you need to be able to bring any past due payments with secured creditors (i.e. Car, house etc) current, or work out an arrangement with them

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      #3
      Thanks for the reply!

      Even if we dont convert to ch. 7 and we just let the house go, how would that affect the current ch. 13 plan. Or is possible to do that?

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        #4
        Well, the trustee may move to amend the plan, because if your not making a house payment, you have a lot more disposable income. You can also amend your plan to deal with the new arrears on your mortgage.

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