hardship bankruptcy

[monatrooper]

What is the name of your state?
I am from Indiana and my husband and I are in our 3rd year of a 5 year bankruptcy. I lost my jot in March of this year and we have had difficulty keeping up with our planned payments. We have had our plan modified 2 other times in the past due to my illnesses. When I spoke with my attorney, she states she can not modify the plan again and we must pay all the arrearages or our case will be dismissed. I was wondering if this is true, can I speak with another attorney in the firm, and is it possible to file a hadship discharge. We have to come up with almost $8000 before August 2nd. She stated we could let the case be discharge and refile, I am afraid we may lose our vehicles and be stuck in another bankruptcy for f5 more years. Is there anyone out there that can give me any guidance. I AM DESPERATE!!!!!!!

 

[bigun]

Creditors may not receive less in a 13 than they'd have gotten in a Chapter 7.
Why did you file a 13 in the first place? Do you have a home with equity?

 

[Ladynred]

Sounds to me like you might be a prime candidate for conversion to a Ch 7 if it looks like you're going to be out of work for a very long time. Losing your job is a fairly serious reason for asking to modify your plan, especially if your unemployment is long term or even permanent.

I have to ask the same as Bigun.. do you have a lot of equity in your home, non-exempt assets or equity in your vehicles ?