question about some things.

[atolar]

hmm, ok so we filed 13 in july 08, thinking we could make our mortgage while my husband worked and I looked for a job. WRONG. we've gotten so far behind on our house. they are trying to foreclose and our date in court for the relief of stay approval is at the end of this month. few questions.

1. do we have to go to that court date?
2. will we have to pay the difference if the house sells for much less than it worth, which I know it will. (we live in kansas).
3. will this affect our 13? I don't want them to come after my husbands truck and everything get thrown out!!
4. can we re-file to a chapter 7 if we "had" to?

I'm not sure what we are doing, our laywer will not return our calls or emails and my husband is so down in the dumps because the reason we filed 13 was to keep our house.

sorry for all the questions, we are so distraught right now, the moral in our house is at it's all time low.

[justbroke]

1. do we have to go to that court date?

Not unless you want to fight it.

2. will we have to pay the difference if the house sells for much less than it worth, which I know it will. (we live in kansas).

Maybe. If deficiency claims are allowed in your State (and are noted in your Note/Mortgage), then the lender will be allowed to file an unsecured claim. This claim will be paid along with the rest of your unsecured claims.

3. will this affect our 13? I don't want them to come after my husbands truck and everything get thrown out!!

Yes. You will no longer have a secured payment to your lender for the home. However, you need to get a rental (apartment or something). The difference between the allowance for the aprtment and what you were paying for the home (including principal, interest, insurance, taxes and arrearages) will be put towards your unsecured creditors. If you're already in a 100% plan, then they will still take the difference and your plan duration will decrease. Your plan duration make actually decrease anyhow, with the influx of new "disposable" income.

4. can we re-file to a chapter 7 if we "had" to?

They aren't going to dismiss your case, they are just going to get a relief from the automatic stay. You may want to now consider converting your case to a Chapter 7 or see if you qualify for a hardship discharge.

I'm not sure what we are doing, our laywer will not return our calls or emails and my husband is so down in the dumps because the reason we filed 13 was to keep our house.

Go to your lawyer's office and wait for him. That usually gets their attention.

Ask any other questions you want. Sorry to hear for your misfortune.

How did you get a Chapter 13 plan confirmed when you didn't have regular income (both were unemployed)???

[atolar]

We did have regular income, my hubby is working and we thought we could up-hold to th budget. what is a hardship discharge?

[justbroke]

We did have regular income, my hubby is working and we thought we could up-hold to th budget. what is a hardship discharge?

A hardship discharge is only granted where the debtor(s) has no chance of working a regular job again (or anytime in the foreseeable future). Usually only granted in disability cases from what I know.