I believe we're eligible for 7 but attorneys want you in 13 it seems

[LadyInTheRed]

I actually thought 13 must be more beneficial also. My 1st is on a mod and my 2nd hadn't been paid on in a while and they were no longer contacting me. The attorney tried to convince me to do a 13 so that I could lien strip, even though even the 1st is way under water, to say nothing of the 2nd. I assured him that if and when the 2nd wanted to come after the house, it would be fine with me. I waffled for awhile but decided to do chapter 7, and about 2 months after my hearing my 2nd was completely extinguished under the Hamp program. This happened to a co-worker of mine also but she had done a chapter 13, so they just rearranged her payment to the 2nd to other creditors, so she got no benefit from the extinguishment.

An attorney recommending a Chap 13 for a specific reason is different than telling you that you can't qualify for a Chap 7. If your intention was to keep your house, recommending a Chap 13 to strip the 2nd was not bad advice. If it weren't for HAMP, you would be at risk for eventually losing your home when the value of the home increased and/or you paid down enough of the first to create equity. You made the decision to take the risk.

There is no way either your or your co-worker's attorney could have known that the 2nds would be extinguished under HAMP.