QUESTION

Will I lose my property in Mexico in a Chapter 7 My husband and I have this property as our only means of substenance !

Asked on Aug 25th, 2012 on Bankruptcy - Texas
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We are already in chapter 13, but we have no money left for any expenses, everything goes to the trustee. Can we change for Ch.7 or a Hardship discharge? Or something? We (husband and I) are retired. 74 years old. What can we do? We have paid 2 years and now it is impossible to keep up with payments.
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Bankruptcy Attorney serving Burbank, CA
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There isn't enough information to fully answer your questions and you should definitely (if you don't have one) hire an attorney to analyze your situation and advise you. You can convert your case to Chapter 7 (assuming the means test calculations and other budget considerations enable you to do so).  Whether or not you would lose any assets, including your property in Mexico depends on the value of the properties, amount of equity in them, and the exemptions you have taken on those properties.  Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. Hardship Discharge The hardship discharge in Chapter 13 requires 3 elements to be proved: 1. Your failure to complete the plan payments is due to circumstances for which you should not be held accountable (typically this means something like an unexpected job loss due to an injury, etc.) 2. Your unsecured creditors have received more than they would have received had you initially filed a Chapter 7 case, AND 3.  It's not practicable to modify your plan (by lowering or temporarily suspending your plan payments. There's a lot involved in the above, so as I said, you need an experienced bankruptcy attorney to analyze everything. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of California Board of Legal SpecializationHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/los angeles bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  
Answered on Aug 25th, 2012 at 10:33 PM

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