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Disillusioned

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    Disillusioned


    #2
    OK.. so your scaring me. I have read other threads that state your plan can be amended before the confirmation. That may be an option for you but if your lawyer is unavail or hard to reach I am not sure what to tell ya.
    There are great people on here that I know will be responding soon... Dont give up yet..
    Those who live in glass houses should not throw stones
    Chapter 13 filed 10-21-09
    Discharged 4-13-15

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      #3
      Originally posted by klandsb View Post
      OK.. so your scaring me. I have read other threads that state your plan can be amended before the confirmation. That may be an option for you but if your lawyer is unavail or hard to reach I am not sure what to tell ya.
      There are great people on here that I know will be responding soon... Dont give up yet..
      Thank you 'Klandsb': Yes you may have done both, I cannot say, but I would attempt to convert to 7 if you are able. It would give you relief and you can always reaffirm your home. It is now time to get onto his case and express it. You will not impress these lawyers unless you really yell loudly. They seem not to listen. Don't go under as you will be dismissed and back to square one. Seven is a "new start". 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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        #4
        I'm assuming that you have already cut all the extras - and I mean everything that is not a necessity - out of your budget. If you have, then get with your lawyer and insist on a review of your plan. If you can't budge him, then you may eventually have to allow your 13 to be dismissed and try again in six months with expenses that more closely match your reality. The other option is to look at your secured assets and decide if one can be surrendered to reduce your monthly living expenses and then file an amended plan that can reflect a more accurate picture of your real monthly income and expenses.

        You are living proof of why it is not a good idea to sign your Ch 13 plan forms when you know that you aren't going to be able make your Ch 13 payments on time every month over the life of your plan.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          Originally posted by AngelinaCatHub View Post
          ... but I would attempt to convert to 7 if you are able. It would give you relief and you can always reaffirm your home. ...
          Hello, I'm new here and have a couple of questions that I can't seem to find a direct answer for.

          Regarding the quote above, what happens with regard to the delinquent portion of the mortgage?

          Also, I can't seem to find a consistent answer to the question of how soon can a person refile a Chapter 13 after dismissal.
          Voluntary?
          Court ordered (w/o prejudice)?
          Court ordered (w/prejudice)?

          Thanks.

          Comment


            #6
            Originally posted by bigsapper View Post
            Also, I can't seem to find a consistent answer to the question of how soon can a person refile a Chapter 13 after dismissal.
            Well, here are the real answers.

            Originally posted by bigsapper View Post
            Voluntary?
            180 days from date of order.

            Originally posted by bigsapper View Post
            Court ordered (w/o prejudice)?
            Immediately. I have seen lawyers immediately file the same day.

            Originally posted by bigsapper View Post
            Court ordered (w/prejudice)?
            180 days from date of order.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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