QUESTION

When can we file another ch 13?

Asked on Nov 15th, 2016 on Bankruptcy - New York
More details to this question:
We filed a ch 13 to save our house. The day we met with judge & trustee, my lawyer told us we were 2 payments down already. Our lawyer told us to get caught up with them asap. We are both disabled & live on SSD so for us to get caught up was impossible. We just filed to get caught back up & keep us there & we were right back where we started from. Now the mortgage co is going to try & lift the stay & the trustee is going to cancel out the ch 13. Don't know where to turn. Lawyer not calling or answering my questions. HELP
Report Abuse

1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
Your lawyer did this wrong.  Should have done a Chapter 7 with a Loan Modification Request.  Ask to convert to Chapter 7.  Otherwise you have to wait 180 days to file.  Might not be a problem depending where you are in the foreclosure process and what other debt you have.
Answered on Nov 19th, 2016 at 9:28 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters