More details to this question:
I filed a chapter 13 bankruptcy in Aug 2011 and confirmed in Nov 2011. I have gotten behind 3 months already on my payments. Also i just learned that the house next door is termite infested and may have 2 be demolished. I really would want 2 come out of this house. the payments are really 2 high for me. my daughter wants to go stay with her dad and there goes that money. I either want to sell , modify my plan and give the house back, modify 2 ch 7, or just walk away. Now I know that I am in trouble. On top of that my dog bit my niece last week. It was nothing serious, but enough to send her to the hospital.
5 ANSWERS
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You have not stated what you want to do? Keep the home? Move?
Answered on Jul 02nd, 2013 at 12:51 AM
Bankruptcy Attorney serving Houston, TX
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Pamela L. Stewart, Attorney at Law
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Without knowing all the specifics of your case, I can only give you a general answer. I would suggest you contact your attorney for advice for your specific case. Based on the information you have provided, I would recommend you convert to a Chapter 7, if you are eligible, and give up the home. The dogbite claim can be added to your creditors if you convert. Otherwise, I would recommend you file a motion to dismiss your case, provided a Motion for Relief from Stay has not been filed in your case. Of course, your creditors have a right to pursue you if your case is dismissed. Your home belongs to you until you either sell it or it is foreclosed upon. If you sell it while you are in your Chapter 13, you will need to get approval from the court to sale it. Again, you should consult with your attorney.
Answered on Mar 29th, 2012 at 1:30 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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You may be able to convert to chapter 7. Discuss this with your attorney.
Answered on Mar 29th, 2012 at 12:34 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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The Insecta and Canis lupus familiaris issues may be peculiar, but changed circumstances and difficulty sustaining a plan are not unusual; hopefully you have counsel that could advise you specifically as to the best course: e.g. post-confirmation modification of your plan, conversion to chapter 7, hardship discharge, or dismissal. Within the equation consider: liability and ensuing new post-petition debt from the dog bite. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answered on Mar 29th, 2012 at 11:26 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You should have a long conversation with your attorney, there are a lot of issues to discuss. You might want to consider converting to chapter 7 and eliminate your debt.
Answered on Mar 28th, 2012 at 8:57 PM