Well after the trustee & bk court sent us the Chpt 13 dismissal paper, we have been told since our BK lawyer waited to day 13 when we had a 14 day waiting period that we will have to switch to chapter 7. We are going to risk foreclosure again I guess. We really dont want to lose our home, that we can afford. Its just our BK plan payments were almost $2000 and thats alot on one income. So my question is after convert to chapter 7 and I am guessing that will discharge most of our debt, will we be able to refile Chapter 13 and start over with our mortgage company that way? I live in Florida and our lawyer said they would have to start the foreclosure process all over again. So at least we can buy some time to think this over. Any advice? Would refiling be in our best option, do they normally get approved thru the court? Also, we are willing to give up our SUV that is a secured debt if we refile. Also, is it possible to get a lower bk payment this time?
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After you are dismissed or converted and discharged through the 7, you can file the 13 for the mortgage. The rule is that you must wait 4 years after a 7 discharge to get a 13 discharge which is not generally a problem seeing that a 13 plan ranges from 3-5 years as you know.
I think just refiling the 13 might be the easier option, but your attorney seems like he's not really on the ball and either way I would hire a new one.Disclaimer: Young, NOT Dumb.(._.) The plan: $480 monthly for 60 months at 100%. 07/12/08
Motion to Discharge: FILED!! 08/07/13
60 down/0 to go \m/(*.*)\m/ 100% complete! -
Why was the 13 dismissed? Was it that you could not afford the payments or were you over the debt limit for a 13? If it was due to your inability to make the Plan payments, what will change once you have the 7 Discharge (new employment, no vehicle to pay etc.) Just curious.
Yes, assuming the lender has not foreclosed, you can file a Chapter 13 after you receive the 7 Discharge. Since you will not need another discharge, the purpose of the 13 will be to cure and maintain - cure the mortgage default while maintaining the going forward mortgage payments.
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