Amend Chapter 13 after confirmation?

[chrisg52]

I am married and filed individually for chapter 13 in the Northern District of Illinois, Western Division (Rockford) and was confirmed on October 23, 2009. My attorney never mentioned to me that I could eliminate my second mortgage because my house is under water. Can I amend my plan now to eliminate the second mortgage? If so, how would that affect my husband's credit? His credit is almost perfect. I would also appreciate any input anyone has about experiences with the chapter 13 trustee for this particular district. Thanks.

[forgotten]

You need to attempt the lien strip before the plan is confirmed.
Is the value of the house less than the balance on the first mortgage?

I suppose you could try and get your case dismissed without prejudice and refile the case.

[chrisg52]

Yes, the value is less than the first mortgage.

[lrprn]

chrisg52, the issue here is that you filed Ch 13 alone. My bet is that the house mortgage and deed are in both your names - am I right?

If yes, then because your husband did not file, he still can be held responsible by your second lender for paying the second mortgage. It's possible half of the second (your half) might be able to be stripped, but I'm thinking that's it.

Your lawyer should be able to shed some light for you here whether a second mortgage strip - even a partial one - is possible or not.