Chapter 13 Dismissed, Divorce, and a big fat mess

[rivergurl]

I don't even know where to turn or start asking for direction. My situation couldn't be any more messed up. In 2014 husband and I filed Chapter 13 to stop the foreclosure sale on our home. Lender is Wells Fargo, need I say more. In the back of my mind I always kind of knew that we were just buying time. I was right. We fell behind in payments again pretty quickly, and our chapter 13 was set to dismiss on March 15th due to the delinquency. At the exact same week this was happening, my husband started acting very ugly towards me and the kids, and I had to put a restraining order on him and file for divorce. I have been trying to reach our bankruptcy lawyer (my divorce lawyer doesn't handle bankruptcies) to keep him apprised of the situation, but I have left multiple messages for him and no return call. I am hoping we can change everything over to a Chapter 7. I want to know how much time I have before the repo man comes for my car and the sheriff kicks me and my kids out of the house. I also wonder if I can plead my case with Wells Fargo they might be willing to do a short sale, or deed in lieu of foreclosure sale, or if it's way too late for all that. Should I call a new lawyer? Call Wells Fargo? I am desperate for any answers at all. I just want to put all this behind me. Please help! :'(

[justbroke]

If you know the address of your bankruptcy attorney, go sit in his/her office until they show up. Unfortunately, bankruptcy and divorce almost go hand-in-hand with one causing the other. Stay on top of this. If you can't contact your attorney, you can petition the court and/or show up at your hearing to dismiss to plead your case (and perhaps be given time to convert and find a new attorney). Some judges are very sympathetic to Chapter 13 debtors and especially those that have been in-plan without issues whose only issue is that they just had a major life-changing event.

Unfortunately, you may have waited too long to reinstate your case (it may be 14 days do reinstate). You really need to get with your attorney or hire a new one immediately to reinstate the Chapter 13. Your dismissal order may have language regarding conversion, but I am not sure if they include that language when you're dismissed for non-payment.

The reason I say to keep the case open, is because you get to keep the automatic stay. It looks like it may be practical to stay in the Chapter 13, but hopefully you could convert the existing case and/or bifurcate "your" case and do the Chapter 7 for you. You should be speaking with a bankruptcy attorney because you are way down the road after a dismissal.