Posted on: 26th Aug, 2010 02:59 pm
i filed for bankruptcy 4/2008 due to mdeical bills etc & had to file a chapter 13 because i had a prior chapter 7 that was filed 12/2000. it wasn't 8 years yet to filed another chpter 7.i did the 13 & was making plan payments on time for about 1 year then my state job was furloughing us & i was losing more than the planned payment amt. i also was being tested for a neurological disease during this time.i stopped making payments & lawyer told me due to courts being so back logged with bankruptcies it would be ahwile before i heard about lowering the plan.it took until this year almost 10 month to hear back. during that 10 months i was diagnosed with primary progressive mulitple sclerosis. i tried to work as long as i could but am now no longer working due to the disease progression. my income now is less than 1/2. i went to have the case changed to a chapter 7. went to court with lawyer last month and trustee said time frames between original 7 and 13 won't allow for me to convert to 7.so now what? i am scared and my lawyer should of caught this mistake but he's juman so what do i do now? will i be able to do the 13 again with small payments or will court just throw it out? thank you
Welcome cheryla,
You can apply for a hardship discharge. Such a discharge is available when you fail to pay the dues for reasons beyond your control. However, you will only get such a discharge after your creditors have received at least as much as they would have received in a Chapter 7 liquidation case. If the modification of the plan is possible, then the court will first go for it prior to the discharge of bankruptcy. If modification of the plan is not possible, then you would get an immediate discharge. Injury or illness which bars you from taking up a job is the basis for a hardship discharge.
You can apply for a hardship discharge. Such a discharge is available when you fail to pay the dues for reasons beyond your control. However, you will only get such a discharge after your creditors have received at least as much as they would have received in a Chapter 7 liquidation case. If the modification of the plan is possible, then the court will first go for it prior to the discharge of bankruptcy. If modification of the plan is not possible, then you would get an immediate discharge. Injury or illness which bars you from taking up a job is the basis for a hardship discharge.