Hello. I am seeking advice on my bankruptcy issue. I initially filed a joint ch 7 with my spouse. Later, trustee found an asset under his name which is his parent’s old home they used for rental income from 30 years ago. He never knew it was under his and his brother’s name prior. We didn’t file taxes, or had anything to do with that property and his parents never disclosed to him they put his name on the property with his brother, just told him when they passed the house would be divided between him and his brother. Our house was exempt but we had about 25k non exempt assets (3 paid off cars). I wrote a letter pleading my case with the trustee not to liquidate his parents’ property since they were retired and that is their only living income. Trustee came back with a payment plan that didn’t include the property just the 25k in 4 equal payments. I was very relieved and was prepared to pay the installments but my bankruptcy attorney said the trustee can still go after the property even after I pay the 25k off. I was confused and asked the attorney to get a confirmation. A week later he replies she would still go after the property. Felt really stressed about that and so I looked toward to ch 13 to save the property from liquidation. I also got into an accident which wasn’t my fault after ch 7 filing. The attorney said my injury claim would be safe. Wrong. After the conversion, my payment plan is almost 2k a month not including tax refunds I may have and adding the injury claim. I asked the attorney how did owing 25k and adding the property at 35k (half belongs to his brother) end up triple the amount in chapter 13? I reached out to my attorney but did not get my questions answered. Initially the ch 13 trustee allowed me to set a TFS account and I communicated with my attorney on how much I should pay bc I didn’t want to miss the due date but the office didn’t respond til 1 week later (5 days pass due date) and on a Friday right before the 341 meeting on a Monday. Ending: wage garnishment and seizure of injury settlement. I still did not get my questions answered. I even asked him for options like dropping my ch 13 and trying to work with my creditors. Again, no responses. I apologize for the extra long read but I feel cornered. This is just the main points of my issues. Any suggestions?
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