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Converting Chapter 13 to 7

Posted on: 26th Oct, 2010 10:12 pm
My husband and I are in Chapter 13 due to my mental illness (bipolar) and me running up the credit cards. I kept this a secret from my husband until i couldnt anymore. He had no clue cause i was handling the finances at the time. I have had a hard time keeping a job and being able to repay my part of the BK due to my illness, and also have to see a Doctor and take Medication to control it which costs more money. Im still in the process of getting the right meds and have had some issues that cause me to miss work. Last week I lost another job and Im afraid that the trustee will dismiss our case cause i am unable to pay. We had it modified i believe last month, but that did not help. My husbands part was increased cause he makes more and mine was decreased due to my decrease in pay. We dont want to lose our house, but are willing to give up one of our cars. The only assets we have really are a motorcycle, Entertainment stuff, (tv, stereo, ps3) our wedding china and my husbands, father and grandfathers old guns. We have pretty much sold everything else. I think we need to file 7. Question: If we dismiss our Chapter 13 on our own, before the court does, how soon after can we file 7? And if we file 7 after our dismissal and continue to pay the mortgage will we lose the house. We dont have any equity or very little, and were about 2000 behind on the mortgage when we filed chapter 13. I know we can convert to 7, but the problem is with the 2000 we were behind and may have to pay in order to save the house. And we dont have it. We can live on my husbands income and pay the bills, without me working full time, but cant afford to pay the 13. I know it sounds silly but its easier to pay bills with 700 a week than 332 and still be able to eat and pay for Doctor and Meds each month. Help us please.....Also, just in case you need the info, we live in Tennessee
Hi lilbit,

You don't have to dismiss your bankruptcy filing. Rather you should contact your bankruptcy attorney and get your Chapter 13 converted in Chapter 7. If the bankruptcy is dismissed, then there are high chances that the creditors will come after you to recover the dues.
Posted on: 28th Oct, 2010 12:26 am
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