chapter 13 question

[glc4122]

i been in a chapter 13 for approx 1 yr. it has been tough for the haul ,but made it. here is my problem real estate taxes are due this month,a unexpected bill has arisen, from my house. a neighbor has filed complaint about my septic system given out a odor. the solution is to have it pumped out and a have a new aerator replaced with the total cost of approx $700.00. the money i have saved up will have to be used for the septic system,because the county allows 30 days to fix the problem. and the taxes will not be paid.i also have probems with my car qetting older and i travel 100 miles better a day and to make matters worse i need a new roof. would i be eligeable to convert to chapter 7 due to the problems i have in my chapter 13. the real estate taxes what will happpen there can my lawyer handle these through payments made in my chapter 13 plan. all responses will be appreciated?

[optimistic1]

What was the original reason you filed a Chapter 13? If you can pass the means test, then you can convert it to a Chapter 7. Most attorney's will charge you a fee to do this.

If I was you, I would pay for the septic repair, then pay your taxes whenever you can, and temporarily fix the roof the best you can. But make sure that you pay your chapter 13 plan payment, even if that means you go without food, or at least buy it or get it free at the food bank, take the bus to work, etc.

[glc4122]

please respond

any other responses for this question?

[lovebirds]

What would happen if you do not fix the septic?

Going without food is stupid. Don't do that.

Do you save for your taxes every month? I would pay this month and try to lump them into my mortgage via escrow so I never have to worry about the money going anywhere else.

Bump for someone to help on the conversion to a Ch7.

[dscurlock]

I think her main question is..can she switch from a chap 13 to a chap 7 because of her other problems...taxes, car problem, septic costs, etc..

you need to contact your BK atty...

[lrprn]

would i be eligeable to convert to chapter 7 due to the problems i have in my chapter 13. the real estate taxes

When income and expenses change sufficiently after filing, and the changes are long-lasting, then your lawyer can see if you now qualify for Ch 7 or if you can amend your original plan to accommodate the extra expenses. Unfortunately the septic tank and roof are one-time costs - not ongoing - so convincing the trustee that they impact your ability to pay your 13 payments over the life of your plan is an uphill climb.

No matter what, right now you need to notify your lawyer that you are going to have trouble making this month's Ch 13 payment and could have trouble for a few months as your septic and roof need immediate attention. Often in these circumstances your trustee will allow you to skip a few payments that will be added on to the end of your plan. That way you can take care of the immediate needs and not have your 13 dismissed for non-payment. It also gives you and your lawyer time to figure out if you do qualify for Ch 7, and if not, see if it makes sense to file an amended Ch 13 plan.

Since this is outside the normal things a lawyer does for a routine Ch 13, some lawyers may charge extra for performing the services. However, some will not. You'll have to ask your lawyer how he/she handles this during an active 13.

Good luck! I hope everything works out in your favor.