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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 02-09-2004, 06:31 PM
changeforthebetter
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Re-file Chp 13 reprocussions?


ARIZONA

Within a year after filing 13, stay was lifted on my home and I made arrangements to pay it w/the bank over 12 months so they didn't f/c. Had they had done that to begin with, I wouldn't have filed. But since I did, I included my cars which were only 30 days behind. When I told my attorney the house was taken out, I was advised the cars were only payed minimal amounts for that year and if I wanted to take them out then I'd owe too much to the creditors up front. In the meantime my husband went out on disability and I went from salary + commission to commission only. Finally the attorney agreed to file an amended budget withdrawing the houses and adjusting our incomes to lower the payment (7 months after the house was taken out). In the meantime I fell behind on the trustee payments and I just got a letter from the judge saying that he doesn't see where my income dropped as he was going by my year to date (the attny did not explain to the trustee that at the beginning of the year I was on salary+comm and now am just straight commission) and I needed to bring payments current in 3 weeks or it was going to be dismissed. I immediately contacted the attorney's office and they advised for another BIG FEE they would re-submit my pay again, I need to pay current and all we can do is pray. If I were to switch attorneys,let this dismiss so I can start fresh without back payments and the correct items in there, what are my reprocussions going to be? OR is there a way to get the cars out without paying the creditors 2 years of back payments before they will negotiate for the balance? Thats all I have left in there and I feel like I am trapped in this bk now.

Last edited by changeforthebetter; 02-09-2004 at 08:00 PM.
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Old 02-09-2004, 08:16 PM
changeforthebetter
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Anyone?
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