Hello Everyone. So I am currently 2 1/2 years into a 5 year chapter 13 plan. I have been paying the trustee and he has been paying the house payment and part of the past due amount. The credit cards where I thought charged off. We just got approved by the mortgage company for a modification which would put the past due amount at the end of the loan and lower our rates and payment considerably. The mortgage company says they will send paperwork to the lawyer that needs to get it signed by the BK judge. When I emailed my lawyer he says that the only way to do it is to modify the current agreement to reflect the new payment and continue to make payments through the trustee, because if we don't we fall out of chapter 13 and will owe all the credit cards and collection accounts we had before the filling. This defeats the purpose of the mod because the trustee is charging us $280 a month. Plus what use is the trustee now? We will have no back due amount with the mortgage company and the payment will come from us not the trustee. So I asked if we could switch to Chapter 7 and he said we would have ot qualify but didnt answer us as far if this was the way to go. Any ideas?
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