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My husband and I are currently in a Chapter 13 that is unable to be discharged because of the short time of another bankruptcy 7. The weekly payments are extremely high but at the time we felt we had no other choice, we have been in it almost a year. Finacially we are just working to pay this 13 and barely surviving. The bank that has our mortgage consistantly worked with us to have us keep our house, looking back over the years, this has been a horrible idea. I dont know how but we owe almost double what we paid for it. We are so over trying to keep all of this up, is there a way to get out of the 13, surrender the house, assests? start over. Chapter 7 is not an option, we did that a few years ago and like i said the bank worked with us so we could keep everything now i feel like we are stuck.

If you filed the 13 on the heals of a 7 you did what is lovingly called a "Chapter 20". You did this with the understanding that you would not receive a discharge in the 13. Chances are you do not need one since all (or most depending upon what you ran up between the time you filed the 7 and filed the 13) of your debt was discharged in the 7. There would be a few exceptions to that such as student loans, priority taxes, child/spousal support - if they apply.

If you filed the back end of the Chapter 20 (the Chapter 13 case) for the purpose of trying to save the home and have now decided to walk away from it, there is nothing wrong with you (or your attny) filing a Motion to Dismiss the case. Dismissal of a 13 upon a debtor's request is almost guaranteed. Just remember that the filing will continue to be reported on the credit report for whatever length of time is allowed.


Sub: #1 posted on Tue, 09/18/2012 - 18:30

despritfreya despritfreya

(Posts: 170 | Credits: )

Did you reaffirm the mortgage when you filed for Chapter 7?

Sub: #2 posted on Wed, 09/19/2012 - 02:40

Steve Barris Steve Barris

(Posts: 1045 | Credits: )

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