What to do

[Tiered]

I am not sure what to do I filed in 2004 and I have paid about 25k into a Ch13
I no longer have my house I have not had it for over a year. I still have 2 vehcles one on my credit report states $0 ballance I have 2 kids in college and I can't afor Rent anymore I'm staying with friends I feel like it would be better to just have a voluntary discharge I don't drive one ove the vehcles the one that has $0 balance and the other I could make the payment my credit cards are also at $0 but my CH13 still says I owe over 30k how can this be my truck was only worht 25K?

What should I be doing?

[SinkingFast]

I moved your post here as a new thread, Tiered.

The other poster was asking a Ch 7 question and you have Ch 13 issues. You're more likely to get help in this Section with your own thread.

You originally filed Old Law, so Old Law rules would govern your BK.

If you would have qualified for a Ch 7 previously and filed Ch 13 to protect an asset,....... If you no longer have the asset or don't care to protect it any longer, you could consider converting to Ch 7.

[Tiered]

what to do

I moved your post here as a new thread, Tiered.

The other poster was asking a Ch 7 question and you have Ch 13 issues. You're more likely to get help in this Section with your own thread.

You originally filed Old Law, so Old Law rules would govern your BK.

If you would have qualified for a Ch 7 previously and filed Ch 13 to protect an asset,....... If you no longer have the asset or don't care to protect it any longer, you could consider converting to Ch 7.

Yes, I am concidering that because when I let them know they increased my payments due to a raise and it was only .60 and they raised my payments by $45 I hope I replied right

[HHM]

First, what happened to the house and did you get the trustee's permission to sell it?

Second, what exactly were you paying to the plan, how much secured arrearage, how much unsecured etc. Was the chapter 13 trustee making your regular payments on things like your house and car?

[Tiered]

yes the trustee let me give the house back but it shows as forclosure not voluntary. and yes I have 2 vehicles and 4 credit cards 1 vehicle says 0 balance as of today the other I still owe on. Now that I'm paying more on this due to a small raise should I go and change to Ch 7 instead I don't need the cars nessarsarily and would the money I have already put into this go twards the Ch7 or will I start over?

[CATCHMEIFYOUCAN]

im not familiar with asset bk's, but when i was in ch13 (and it only lasted 3 months) than i refiled for ch7, i had already paid my lawyer $2000 and the remaining $1000 was to be paid through ch13 plan, but since i converted i didn't owe him an extra penny, and if i read somewhere correct to refile from ch13 to 7 cost $15 which i think the lawyer covered because he had already enough money from me

good luck ! catchmeifyoucan

[SinkingFast]

Ch 7 is Liquidation BK. The rule with Ch 13 is the Creditors would have to get as much from you as they would in Ch 7. Which many times is nothing.

So you may have already paid in your Ch 13 plan far more than your Creditors would have gotten if you'd have filed Ch 7 at the start.

Whether or not you'll have to pay an additional attny's fee is totally up to the attny. As CMIYC said, his/her attny performed the conversion for no additional fee. Other attnys do charge their standard Ch 7 fee in addition to what you've already paid to file Ch 13 originally.