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chapter 13

Posted on: 18th Dec, 2010 07:33 am
Hello,
We have 48,000 in equity.
filed chapter 13 in alabama, have 20 months left. About to be dismissed due to non-payment. Mortgage and vehicle not in bankruptcy plan. not behind on mortgage. vehicle paid for. what can happen?? plan payments have gone from 162. to 235. can't afford. ex-employer stole $1000. from court ordered payments from pay. she stopped sending in the money 2 months before firing me (2008). have proof (paystubs). court & attorney even knows it but, has not done anything about it. 1 unsecured creditor maybe owe 3600. the rest are unsecured debts. Our attorney does not represent us he represents the court. Was just recently pushed off to another attorney in firm. Same thing does not tell us our options. Can you help and give us some insight! We are under so much stress we don't know what to do. had 22 years in printing field Ex-employer has lied and forced out of field. Have cdl had to go back in this field. But, just can't get the miles to pay anymore. Please Help don't know what to do

Thank you,
Rich
Hi lacy,

If your bankruptcy filing is dismissed, your creditors will be able to come after you in order to collect the dues. As your vehicle is free and clear, the creditors can place a lien on it in order to recover the dues. You can speak to your bankruptcy attorney and check out if you can get a hardship discharge due to your financial situation.
Posted on: 19th Dec, 2010 06:20 pm
It was me above... Just forgot to log in...
Posted on: 19th Dec, 2010 06:24 pm
Hello,
I thought only the secured creditor could put a lein??
Thank you,
Rich
Posted on: 20th Dec, 2010 08:08 am
There is only 1 secured creditor with a balance of 3600. The rest are unsecured debts from ten years ago. I thought the secured creditor could only put a lein and not the unsecured??? Is this true?? Please advise if possible.
Thanks again,
Rich
Posted on: 20th Dec, 2010 08:21 am
Hi lacy!

Welcome back to forums!

As far as I know, your unsecured creditors will be able to place a lien on your property. However, in order to place a lien on your property, the creditors will have to file a lawsuit and get a judgment against you.

Feel free to ask if you've further queries.

Sussane
Posted on: 20th Dec, 2010 09:24 pm
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