once filed 13 can you stop it

[phas]

What is the name of your state?ky
filed 13 under old law, never seen lawyer, just his secertary.
she put it in computer,Thursday is 341 meeting. then seen lawyer, he said they may throw us into 7, because we can only pay around $200 a month, can they do that ? if so can we stop it ?

 

[moburkes]

What is the name of your state?ky
filed 13 under old law, never seen lawyer, just his secertary.
she put it in computer,Thursday is 341 meeting. then seen lawyer, he said they may throw us into 7, because we can only pay around $200 a month, can they do that ? if so can we stop it ?

Who is they ? Why wouldn't you want a 7 vs a 13? A Ch7 relieves your of the majority of your debts, without a repayment plan (Ch13). Just curious.

 

[phas]

they, is the court
7 will take the house
might just want to stop it all just wanting to know if you can stop it?

 

[moburkes]

they, is the court
7 will take the house
might just want to stop it all just wanting to know if you can stop it?

Yes, you can stop a bankruptcy. However, the problems that caused you to seek bankruptcy haven't changed. Know what I mean?

 

[phas]

can you stop it before , at or after the meeting ? and if so what do you have to do to stop it if we want to?
thanks

 

[moburkes]

can you stop it before , at or after the meeting ? and if so what do you have to do to stop it if we want to?
thanks

Call your attorney or call the court. They will tell you what to do.

 

[Ladynred]

In a Ch 13 is pretty easy to voluntarily dismiss - just file the motion with the court. If you can pay $200/month to a Ch 13, including your full mortgage payments, I kinda doubt they'll force you into a Ch7 - usually its the other way around. Secured debts must be paid at 100%, your mortgage and car payments (if you have one) would not change. UNsecured creditors get what's left. $200 a month disposable income is generally too much to allow a Ch 7.

 

[phas]

LNR Thanks, there is no mortage or car payments. Also turned in everything we own including dozer, backhoe, and motorhome, which is all paid for.
the reason we couldn't pay unsecured debt is someone stole the above
equipment and won't let no one remove it. HE WAS ARRESTED but still can't get my stuff. Do you think they will make him release it so we can we can start the business back? Our lawyer thinks they may thrugh us into 7 and take everything and maybe the house. Just getting worrried don't know what the theif will do, have to be there Thursday.

 

[Ladynred]

Again, if you have $200/mo left over after paying all necessary expenses, then they're not going to put you into a ch 7. You have money to pay your debts - and that's usually what the Trustee's are looking for.

As for your stolen property, if its proved he stole the stuff, eventually it should be returned to you. That's a matter you'd have to keep up with with the police and courts.