Chapter 7 to a 13 and now dismissed

[Jhbk29]

I had posted here a long time ago we had originally filed a chapter 7 in 2005. The lawyer had goofed and we didnt realize we didnt have a lean on our house so we almost lost the house. We chose to switch to a chapter 13 to save the house and were basically told at that point if we were to do so we would have to pay a 100% back. We are now a little 2 1/2 years into the plan. Our plan just got dismissed for non payment. The economy has not been nice to my husbands construction job. The judge filed an order to close the case. Now the prior chapter 7 trustee is filing a motion to Undismiss our case and convert it back to a 7. Is this even possible does anyone know??? The motion goes before the judge Jan 9th. We don't have a lawyer anymore becuase our chap 13 lawyer passed away and nobody wants to touch our case with a 10 foot pole. Any advice???

[justbroke]

Well, looks like you should be filing a Hardship Dismissal and not a motion to convert back to Chapter 7. But, that's just me.

I would talk to the Trustee real quick (well before the 9th), and perhaps you can get a pro bono attorney or someone from Legal Aid to Motion for Hardship Discharge.

If you file and are granted the hardship dismissal, it will be almost as though you filed chapter 7.

[Jhbk29]

The original chapter 7 trustee is trying to get us back in a 7 we don't want it back to a 7 at all!!

[Jhbk29]

We also have called 27 attorneys in the area here and once they see our case they are like no way!!!!

[justbroke]

Did you try Legal Aid? The hardship discharge is just like a Chapter 7 anyhow... but if they want to convert back, then that may be fine too.

[Jhbk29]

so even though the case was dismissed the trustee may be able to get the judge to convert it back to a 7??

[AngelinaCatHub]

Not sure why 27 lawyers said “no way”. Are you telling all? Why would they not attempt? That being said, a Chapter 7 may be your only hope. You said you did not want a 7 but do you now have a choice? Why do you not want a 7? If it is keeping the house, go to the mortgage company and make a deal. They sure don’t want your house. Frankly, I am confused with your story. ‘Hub

Merry Christman

[Jhbk29]

We have a private mort and it wasn't recorded before our
7 that is why we had a problem originally. The lawyer that
did the house never recorded it. At the time the housing market
was great and trustee could have made out good. The 7 lawyer
didn't realize the no lean so in order to save house we
switched to a 13. But we had to payback 100%
We were fine for 2 1/2 years paying but since April work has
been super slow for hubby. Basically had no choice but
to let case get dismissed. Now the old 7 trustee wants back
in again. The only good thing is house values are down.
I think that no lawyer wants to get invoved because we have
a screwed up case. I just didn't realize that the old trustee had
The right to try and get my case undismissed. I had posted prior on the boards back when we were trying to be converted to the 13 from 7. (we also had been discharged from the 7.... But the judge vacated the discharge after we officially switched) see i told you our case was messed up

[Jhbk29]

Ps hub ask away I have nothing to hide.

[Jhbk29]

minnie are you still here?? I remember you going through you
Bologna at the time!!!

[MajorMike]

How many months did you miss before it was dismissed and were you given a chance to pay within a certain time period before they did that?

[Jhbk29]

we missed sept and oct had till nov 7th or so
couldnt find a lawyer to help modify or
anything. She filed dismissed notice dec 11th
and was dismised right after that. Old chap7 trustee filed
her morin on 19th

[MajorMike]

so technically you had until the 11th of December to pay up?