QUESTION

What happens now that the court has filed a motion to move me from a chapter 13 bankruptcy to a chapter 7?

Asked on May 05th, 2014 on Bankruptcy - Georgia
More details to this question:
I filed a chapter 13 bankruptcy in 2012. Now I have gotten behind in my payments & the court had filed a motion to change me to a chapter 7 & sell my assets. Is there anything I can do to stop the motion?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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You can ask someone to borrow the money and pay the back payments to the bankruptcy trustee. In a chapter 13 bankruptcy you must maintain your monthly payments to the bankruptcy trustee for the bankruptcy trustee will have your case converted from a chapter 13 bankruptcy to chapter 7 bankruptcy with a motion, and then that bankruptcy trustee would take your property and sell it in order to pay themselves and your creditors. So the fastest way to do this would be to catch up on your payments and file a response or answer to the motion and go to court and plead that the payments have been made and that you wish to continue on your chapter 13 bankruptcy repayment plan.   I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob
Answered on May 07th, 2014 at 12:51 PM

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