Possible to File Ch. 7 if keeping properties

[simon2020]

Is it possible still file a 7 instead of a 13 if I want to keep all my properties? (primary and second home/vacation)

My attorney is said if I really want to keep the second property, I would have to file a 13 and do a 100% plan because the trustee would definitely force me to sell the 2nd if I opted for a ch 7. They would liquidate everything and pay off the creditors.

He said he was going to "try" to go lower than 100% (even 90% to me sounds better) but based on the 2nd property has equity over the amount I owe on credit cards, he said the Trustee will more than likely object to anything lower than 100% over 60 months.

1. Is it possible to file a 7 if I want to keep my 2nd home with equity?
2. Is it possible to pay lower than 100% in my scenario?

[keepmine]

You have no chance of keeping a 2nd home with a lot of equity in a Chapter 7
Unless you got some other debt problems, why not sell the 2nd home and payoff the cards and skip bk all together? You want no part of a 90-100% payback in a 13 and in a 7, you'll lose the home anyway.

[simon2020]

As easy as it sounds to sell, I can't.

Reason is the property has been in our family for decades. Mother lives there and there is NO way I would kick her off to the street so if I have to sacrifice 5 years so be it. (And also, property is in Hawaii!)

[relief13035]

We are keeping our primary residence as well as a 2nd rental property. We disclosed that the 2nd home is rented by my mother-in-law. At my 341, the trustee asked us "who lives in the 2nd home?" When we told him it was our 74 yr. old mother that we support, he went right on to the next topic.

[simon2020]

relief13035 We are keeping our primary residence as well as a 2nd rental property. We disclosed that the 2nd home is rented by my mother-in-law. At my 341, the trustee asked us "who lives in the 2nd home?" When we told him it was our 74 yr. old mother that we support, he went right on to the next topic.

Relief --- exactly, you are almost like the same position I'm in. How were you able to file for a Chapter 7 instead of a 13? When I did my Means Test, I was in the negative category, but my attorney kept saying we have to do a 13 if you want to keep that second house in the family.

Do you have equity in the 2nd home? I do which is why he said 13 is my only option AND at 100%.