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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 08-19-2003, 01:30 PM
Littlered33
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LadynRed HELP


What is the name of your state? Tn

As a fellow Tennesseenen (sp) I need some advice..

A few months back I filed Chapter 13 today it was dismissed because of lack of payment..I am fighting workerscomp and they stopped all payments to me but at the same time the drs refuse to let me return to work (but that is another story) So at the present time I have No income

If I file chapter 7 can I keep my home..Not that i really want it but I need a roof over my head..

I owe $79,000 on the home and the value is only around $50,000..
I have a few medical bills and old utilities..NO CREDIT CARDS and I owe the IRS $3000 from 2001 taxes..

HELP
  #2  
Old 08-19-2003, 01:42 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Good Lord, why did you file CH 13 to begin with, was it to save the house ? Are you behind on payments ?

You have no equity in the home, but if you're behind in payments, and can't get caught up, a CH 7 isn't going to stop the mortgage company from foreclosure for long, they'll file for a relief from stay. Yes, you can file CH 7, but unless you can keep up the house payments, you'll lose it. The 2001 taxes won't be dischargable either.

Without any income to make mortgage payments or pay rent somewhere, you're really stuck between a rock and a hard place, sorry. It would take several months, at least, before you'd be forced out of the house by the bank or the new owners post-auction.
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  #3  
Old 08-19-2003, 02:38 PM
Littlered33
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I filed the Chapter 13 because I was way behind and then W/C finally started paying.

I have been talking to a friend of mine that is going through a Divorce and needs a place to live and can pay the regular payments but no way of catching up on the back payments $11,000.

I know that sometime in the next 4-6 months that the W/C insurance company is going to settle on my shoulder injury the delay has been on the neck injury they are disputing..

So when the Drs. said I was at my MMI on the neck they stopped all payments..

And now the Attorney that was handling the case has things so screwed up (can I say that) He filed in the State of Tn and they say it is not their jurisdiction and he says it is. The Department of Labor in the 2 states involved both say the insurance company is responsible for the neck injury but can't do anything until a decission is made on which state it is..MAJOR MESS..

Thanks for the quick reply sorry this is long just having a bad day
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