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Jun 2012Bankruptcy Second Opinion: Why Chapter 13?
Posted by Robert Weed / in Chapter 13 Bankruptcy, Chapter 7 Bankruptcy / 60 comments
Two people in Chapter 13 bankruptcy plans came to see me this past week for a second opinion. I told both that for them, Chapter 7 bankruptcy was better.
Legal ethics allows me to give a second opinion to people who already have a bankruptcy lawyer. (I don’t like to do that because it really hacks off the other lawyer.) These folks didn’t have a bankruptcy lawyer.
Chuck’s Chapter 13
The first guy, Chuck, had hired one of those bankruptcy lawyers who advertises a low, $899, legal fee. Because of a mix up, his chapter 13 was dismissed six weeks after the case was filed. (Dismissed means a bankruptcy is thrown out; discharged means it’s approved.) That discount bankruptcy lawyer did not get the case reinstated.
Chuck then went to a second bankruptcy lawyer, who did get the case reinstated–and charged a fair fee for that. But Chuck’s second lawyer said, “I’m helping you just this one time. If you get in trouble again, you are on your own.”
Well Chuck was in trouble again, and came to see me for a second opinion.
The reason Chuck’s in trouble is he can’t afford Chapter 13. His chapter 13 plan stopped a foreclosure, and tried to catch the house up over five years. Chuck has been making his bankruptcy payments, but kept falling further behind on his mortgage.
The problem is the big 401k loan that Chuck took out to catch the house up the first time when his wife split. Paying back that 401k loan doesn’t leave enough money in his paycheck.
When we talked it over, we figured out a solution. Chuck’s daughter is living at home, working a low paying job in fast food. She started a radiology program but can’t afford to finish. She’s not saving any money to go back to school, because the little she can put into the family is needed to fund the chapter 13 plan.
If Chuck stops making the chapter 13 payment, then there’s enough money for the daughter to finish the radiology program. When she gets a good paying job, then the family can afford the house.
Before filing the chapter 13, Chuck had tried for a loan modification but was turned down. Turned down for two reasons, I think–too much debt, and too little income.
A chapter 7 bankruptcy will take care of the other debts, and it slows down the foreclosure that will soon be coming because he’s late on the house again. Getting the daughter to finish school and get a good job will fix the income problem.
Chuck and his daughter have to move fast. Stop making the Chapter 13 payments, finish school, get a job, file Chapter 7, apply for and get a loan mod. The pieces have to fall in right for that to work, and he’ll have a chance to save the house.
Some people think you have to file chapter 13 to keep your house. For many people, chapter 7 can work better.
Some people think you have to file chapter 13 if you want to keep your house. and for some people, that’s true. But often chapter 7 can stop the foreclosure and save the house–and is much more likely to work than Chapter 13.
Chapter 13 had no chance to save the house for Chuck and his daughter. There just wasn’t enough money to make it work. Chuck’s chapter 13 guarantees the house will get foreclosed.
I hate to put people into chapter 13 plans they obviously can’t afford. I like finding ways to use Chapter 7 to get people where they are trying to go. That’s one reason I file fewer chapter 13s and more chapter 7s than most lawyers around here. And it’s a reason my dismissal rate is very low.
Karen’s Chapter 13
Karen came to see me after her Chapter 13 lawyers got sick and had to stop practicing law. Karen decided to get a second opinion from another bankruptcy lawyer just in case something came up with her Chapter 13.
After we talked, we decided Karen needs to convert to chapter 7.
Karen and her husband have been getting along badly for years. They are “separated,” and living in the same house. When she started chapter 13, her goal was to hang on to the house until their youngest son graduated from high school.
The young man has successfully finished his first year at Christopher Newport, and now it’s time for Karen to move out and get a place of her own. She’s been holding off, because she can’t afford to move. She can’t afford to move because of her chapter 13 payments.
Switch to chapter 7! That solves that problem.
Often when I recommend Chapter 13, I also recommend that we meet to discuss chapter 7 in a year or two.
Sometimes we can look down the road, and see that in a few years–or even a few months–the reason for chapter 13 will no longer apply. Chapter 13 plans can take five years–and five years is a long time. After a year or two, it is often time to re-analyze the situation and look again at chapter 7.
“Based on a True Story”
Chuck’s name really isn’t Chuck; Karen’s name really isn’t Karen. And I’ve changed all the other details, too.
Both these stories and the true stories they are based on, show why it’s important to have a long discussion with your bankruptcy lawyer about your family situation and life goals.
Bankruptcy is like a giant tow truck getting you back on the highway of life. To get the best result, you need to talk over with your bankruptcy lawyer what road you want to be on and where you are trying to go.
January 2016–Let me Tell You About Mike
Mike came to see me for a second opinion on Chapter 13. He got put into Chapter 13 because there was too much equity in his house. I agreed he had to be in Chapter 13, because there was too much equity. But there was $19,000 less equity than his lawyer had calculated. Why? When his lawyer calculated the equity, they forgot to subtract the $19,000 he was behind on his payments. That would have gotten his payment to be $300 a month less than he agreed to. Which is probably the difference between really being able to make the Chapter 13 payments, and not making them, and losing the house. Mike asked me if he had a chance of correcting that mistake and getting the payments lower. I don’t think so. This court is unforgiving. If your situation improves, they want a bigger payment. But asking for a smaller payment–almost impossible.
Chapter 13 is a nightmare. Before getting into Chapter 13, you really need to sweat the details. Otherwise, people get into a Chapter 13 that has no way to succeed.
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Robert Weed has helped fifteen thousand people file bankruptcy in Northern Virginia. Robert Weed is a frequent panelist and speaker at the meetings of the National Association of Consumer Bankruptcy Attorneys. He is one of Northern Virginia’s most experienced personal bankruptcy lawyers. As an expert on changing consumer bankruptcy laws, Robert Weed has been interviewed on local and national TV and quoted in newspapers across the country.
RONALD THOMPSON
hi mr weed i have filed bankrupty over 7yrs and im thinking about 2nd chapter 7 it was in va i am in md some hospital bills and a repo in va would like to know how much a 2nd chapter 7 would be thank u
Robert Weed
Ronald:
Since the new law in 2005 you are eligible for chapter 7 every eight years. That runs form the fling date–not the discharge…sorry I can’t help people who live in Maryland.
nichole
Hello. I need some advice. I had a bankruptcy and 3 months before completely done with it I couldn’t catch up on behind payments. I had till nov. 11 to pay 7860 Ipad 5500 but it didn’t reach till nov. 13 one payment and then dec. 12 another payment. I still owed 2340. My case got dismissed nov. 26th. None of the 5500 was ever disburst to creditors its still on hand. I have the 2340 now do you think Ican file for reinstatement of bankruptce and pay the balance and be discharged? I’m in desperate need of help. Creditors are already calling. Do you think Ihave a good chance? Its my understanding Ineed to write a statement on why this happend. we lost our company. We took a huge pay cut and had to move to another state for work. We did the best we could and still saved after it was discharged to hopefully get to reinstate it and pay it for a discharge. Please help
Robert Weed
Nichole:
You might be able to get it reinstated. Some judges are more open to that than others. What does your lawyer think?
nichole
She just says she don’t know if he will. All we can do is try. So…I’m still in the process of gathering money and plan to try for reinstatement. Hopefully have the money in to her on the 8th of feb. Do you think Ihave waited to long.
Noel
Hi,
i have a question.. when i first started my bk i was married and filing for a chapter 7 with my wife. then I got divorced and nothing happened and he changed everything to chapter 13 without my consent. I remarried and now is asking me for my wife’s information. Can i change it to a chapter 7? i can’t make the payments nor my new wife. can you give me some advise? thanks
Robert Weed
Noel:
I don’t know if you can change it to Chapter 7 because I don’t know why you are in chapter 13. But I do think you need to see another lawyer. It also sounds to me like your lawyer should have told you to start over with a new lawyer when you and the first wife split, because unless you and the first wife had not debts together, that lawyer had a conflict. Thsi does not smell right at all.
Brian Shaw
My wife and I filed Ch. 7 01/20/2006. We got into an owner carry situation with a mortgage and after a year in the property didnt appraise for what we owed on it and in another year we had a ballon payment on the balance. We went to the mortgage holder and asked her to extend the loan for 5 years that way we could pay more down and hope the value you would rebound. In addition I had lost my job so we had the double whammy and could not qualify for a re-finance. We were not behind on the mortgage when we asked for the extension. As you can guess she refused and wanted us to pay for the additional year then she would think about it, that would have been another $25 with no guarantee that we would keep the house. She has now filed a garnishment on my wife’s income, and I am still unemployed and we cannot afford the garnishment, yet we are over $30,000.00 under the Means Test and do not have any disposable income, yet we cant file Ch. 7 until 01/21/2014. What do we do?
Robert Weed
Brian:
What you can do now is to talk to a lawyer about filing a Chapter 13, so that at least you pay less to the bankruptcy court than the garnishment would be.
When they lengthened the time between Chapter 7 bankruptcies from six years to eight, they really hurt a lot of people. But you can do a chapter 13, which is better than getting garnished.
Farrah pirahanchi
I filed a chapter 7 for my mother in order to stop her foreclosure. I have been told I should convert it in to a 13. Her trustee meeting is on the 21st. I need to hire an attorney to continue. Can you please advise me of an Attorney in San Diego ca. The only Debth she has is the house she lives in.
Robert Weed
Farrah:
Maybe you should switch to chapter 13, but maybe chapter 7 buys enough time to work something out…you need a good lawyer there to give you their best advice.
sorry I don’t know anyone in San Diego. You can look here. http://www.nacba.org/Home/AttorneyFinderV2.aspx. good luck
Timisha
I am thinking of filing bankruptcy and I really need to file a chapter 7 because of my situation but I read on your powerpoint that the government might force me into a chapter 13 because of my income. How often does this happen, and what if your monthly expenses are more than your income?
Robert Weed
Timisha:
It depends on whether your ALLOWABLE expenses are more than your income. I explain more about that here. https://robertweed.com/blog/general-bankruptcy-law/bankruptcy-means-test-how-big-families-can-pass/.
Does that happen often–yes, all the time. I file a far lower percentage of chapter 13 cases that most lawyer do around here. I’d like to think part of that is we work harder to get the evidence we need to qualify people for Chapter 7.
John
I am an expat living overseas for the last 5+years. My problem is little different: I have had a house but actually the house was legally mine but it actually was my uncle’s cause I have put my name on the mortgage as I had a regular income. But things went south both in his business and at my job, and we have gotten a home equity loan for starting a business abroad but failed so that loan went away and the house were leased but tenants did not make regular payments so started to miss mortgage payments.
After awhile, as I was abroad, and me an my uncle, whom actually owned the house, drifted apart and he did not take the house & the title back under his name as he promised. So I had left with a big mortgage, him and his sister lived in the house without making any mortgage payments as they were legally free and I was abroad, just did not have merits to resolve the case.
I have had learned through a friend that the house is foreclosed some time ago. Now, I have a student loan that went into collection agency that I’d like to start paying but also has the mortgage mess, unpaid credit card coming from 6-7 years ago. I’d like to resolve all the cases once and for all as I have started to work on a steady income, which I didn’t have up until 3 years ago.
I do not know if I qualify for Ch 7 as I live abroad, and or should I file bankruptcy or not. The house is in the state of NY, I know you work in VA but I thought you might recommend a good, honest lawyer that could help me to resolve my case in Long Island, NY.
Thx in advance.
Robert Weed
John:
Filing bankruptcy and getting it approved would have been a lot easier while you still had the house–of course that’s easier for me to say.
A guy I know who does complicated bankruptcies in NYC is David Shaev. http://www.shaevlaw.com/
Good luck.
Rose
I’m a little confused. I have a lawyer who has filed my Chapter 13…I’m on my 5th payment and the Trustee hasn’t approved the plan yet. Apparently she isn’t happy with the funding amounts again. The reason for the Chapter 13, I have back State and Federal Taxes to pay. All the rest of the debt on my credit report are medical bills and repos (due to seperation). Do you think it would be best to file a Chapter 7? A bit of history, I filed a chapter 7 back in 2003 due to a lay off and I live in MD. I know you can’t assist with MD cases but any adivse would be greatly appreiciated.
Robert Weed
Rose:
This is a common problem. You want to use Chapter 13 to pay off the taxes; and the Chapter 13 trustee says if you can do that, you can afford to pay more to pay the medicals and repos.
Sometimes the thing to do is file chapter 7 first, to clean up the other stuff, and then come back with chapter 13 to pay the taxes.
BUT some JUDGES are really angry when you do that. I don’t know your judge, so I don’t know whether you should try that in your case.
Robert Weed
Saw a guy today who had been in Chapter 13 for three years and was looking for a second opinion. He was in Chapter 13 because he was over the median income and his lawyer thought he couldn’t get into Chapter 7. His lawyer offered a Chapter 13 paying $381 a month, the Trustee, Thomas Gorman, asked for $500. And since its been raised to $975. He was affording it–by increasing his tax exemptions to 20, which will mean he’ll owe 8,000 next April 15 on taxes.
He’s easily eligible for chapter 7. He was when his case was filed, he is today. We’ll convert him by the end of month. He wasted three years and $20,000. three years, when he could have gotten back to good credit. $20,000–money he paid in Chapter 13 that he did not have to pay in Chapter 7. Because he went to a discount lawyer. Sad.
But I am able to save him the next two years and the next twenty thousand dollars by getting him out now.
mid
Do I qualify to file Bankruptcy chapter 7? I went to see a lawyer and to my surprise he told me I did not qualify, so I am looking for a second opinion, I live with my 4 year old son, my annual income is 38000 , and I owe around 35000, what should I do?
Robert Weed
Mid:
Are you in Virginia? Come to see me.
Are you somewhere else–then I don’t know whether you qualify or not. You could look for a lawyer at http://nacba2.memberpath.com/Consumers/FindYourAttorney.aspx
mid
I am in Miami, FL
mid
sorry I did not finish, he also told I could loose my car if I don’t file for Chapter 13, my car, furniture, fridge
Robert Weed
I know that Florida allows people to protect more real estate and less cars and furniture that almost anywhere. I do NOT know if smart Florida bankruptcy lawyers have a way to work around those problems that does NOT involve filing Chapter 13.
You need to talk to another Florida bankrutpcy lawyer and see if you get a better answer.
mid
Thank you for the advice, I ‘ll talk to another lawyer. Thanks.
Donna and Rick
My home is getting ready to go into foreclosure we filed chapter 13 about 4 years ago. We left the house out
of chapter 13 by the advice of attorney. Would like to keep my house but have not found a way to do this
live in North Carolina.. Any advice would be appreciated this has been such a hard time.
Thank you
Robert Weed
Donna and Rick:
You need to talk to a lawyer in North Carolina. I can’t see that far form here.
Francesca Royer
Hi my name is Fran my house has went passed the foreclosures and now bank is sueing me for full amount. I have been in and out of hospital because of my Crohns and boyfriend got hurts so thats what set us back. I want to keep my home and that is the only debt we have besides some hospital bills so I don’t know if I should file chapter 7 or 13 to keep my home. I owe 40,000. And my boyfriend and me bring in about 2,000 a month. We were denied modification loan
Robert Weed
Fran:
I don’t know where you are but in most states if the house has gone to foreclosure, it is probably too late to save it. It some states maybe you can. You need to talk to a lawyer where you are.
Janet
Good Morning Mr. Weed! My boyfriend and I want to get married this year. We live in Saint Louis, Mo. He is in a chp13 right now and says that he has 2 yrs to go. He filed in an effort to keep his home from foreclosure, but child support payments and/or arrears were also included. I’m not certain if he had any credit card debt or if any credit card debt was included.
I also filed- ch7 bk, it was discharged in 2009 but my credit has been restored (my credit score is really good) and I continually work to make it better so that I’m never in that place again. I’ve been suggesting or more like urging him to file again but this time file chp7 to have all the debt he is repaying discharged. However, we have three issues that we aren’t certain about:
1. Can he file the chp7 to wipe out the debt or if it would even be beneficial?
2. How will my credit be affected by his bankruptcy?
3. Will our marriage have a negative impact on his bk?
What if any suggestions do you have for us?
Robert Weed
Janet:
First, he should ask his Chapter 13 lawyer who will know your fiances situation and the local practice far better than I do.
1. I always look for ways to get out of Chapter 13 into Chapter 7. If you are getting married the obvious issue is are your planning to live in HIS house.
2. Not affected. That one I can answer.
3. The Chapter 13 trustee MIGHT decide your marriage means your fiance can afford a higher payment and want more. That would depend on the facts and on the local practice, and I don’t know either of these. But that can happen some places.
Larry Williams
I am sending my final chapter 13 payment this month. It has been a long and I feel unfair ordeal, but I made it. The payments have been $1450 a month. I had run up debt trying to make payments in a lawsuit settlement. When I could not make payments on the settlement anymore I filed. My cars are worn out and my home needs repairs, I desperately need a newer car. Any advice how I should proceed. I filed in 09 and paid the entire 5 years. Thanks.
Robert Weed
Larry:
Yeah, I HATE chapter 13–your comment explains why. One of the reasons is Chapter 13 is so much worse on your credit than Chapter 7. Almost everybody gets out of Chapter 13 desperately needing to finance a newer car and with a real problem on how to get one.
I don’t know enough to have any ideas on what you should do now. Your lawyer knows your situation better than I do–they might have some specific ideas.
robert
i just came out of chapter 13 morg is up to date –but now second lien holder -for 60.000 is calling–id like to keep house –may i ask options?
balance on firsdt is about 175000 house worth maybe 240000
Robert Weed
Robert:
I don’t know enough about your Chapter 13–I don’t know anything actually–to understand what’s going on. So I can’t give you any advice.
robert
thank you or responding so quickly—i know i didn’t adequately describe situation— i just complete a 5 yr chapter 13–during that time i was protected from second lien –which was a line of credit whish is now 60.ooo dollars –2 questions –if i dont pay second lien will they foreclose and 2 —might they accept a long term payment plan say 15 -20 yrs?
Robert Weed
Robert:
I still don’t know near enough about what you are saying to answer that. I’d need to look at all your court papers and see what you did.
Generally a five year Chapter 13 would NOT protect you from the second lien, so I really don’t know how it was handled. What does your lawyer say?
sandy
Question: my husband & I filed chapter 13 in march 2009 we finished making all payments & were discharged 5/27/14. During the bankruptcy we fell way behind in paying our real estate taxes (not escrowed in mtg) & our bankruptcy attny said to stop paying our 2 mtgs so we did. Now that we are discharged, our first mtg lender did a modification which is also completed. Our second mtg lender (td bank) will not talk to us at all. During the modification process the 1st lender did a title search & 2nd mtg is still showing as an open mtg. What will happen to the second mtg with td bank if we don’t pay it? We start making our new mtg pymnt on the first mtg per the modification on 12/1/14. What advice can you give?
Robert Weed
Sandy:
I don’t know. Maybe the second mortgage will just sit there on the house, like I describe here. https://robertweed.com/2010/03/25/after-bankruptcy-what-if-i-dont-pay-my-second-mortgage/.
But depending on how the Chapter 13 was set up–and maybe on how your judge reads it–maybe they can still sue and garnish you. And maybe they know that and maybe they didn’t. (It partly depends on why were you in Chapter 13–were your catching up the mortgages; and partly on whether you got permission form the court to stop paying–or did you just stop.)
Your own lawyer knew more than I do about your situation and your case, and he told you to stop paying. I’m hoping that he’s right.
Jen
I met with my bankruptcy lawyer earlier and he told me I don’t qualify for Chapter 7 filing even though my income is below the median in my state. I had thought if I was making less than median I automatically qualify. He said because I have almost 500 after paying bills I no longer qualify. The calculation used to determine that included a bonus I received which I pretty much used to pay him. Out of my actual take home I only have 200 after bills and other expenses. Is this true?
Robert Weed
Jen:
If you were in Northern VA, I’d sure want to take your case. But I don’t know what the judge where you are thinks.
Is the lawyer you talked to one of the top bankrutpcy lawyers in your area?
Brandi
Hi Mr Weed,
I love you straight forward answers on your blog. My situation : I am in Arkansas which has an unlimited homestead exemption. 2.5 years ago my husband and I (still married but separated
) filed a chapter 13 to be able to get rid of some back taxes and get caught up on mortgage. We are still seperated and filled out new “seperate” means test. Our lawyer tells us we qualify for a chapter 7 now, but I just got my notice of the creditors’s meeting and it states “presumption of abuse arise”. My attorney’s legal aid said this is due to original means test from 2.5 years ago. They have agreed (after we signed a waiver) to represent us both with moving forward in the conversion. My question is, should I be worried about the abuse clause? I feel like we took every exemption possible to help us qualify, but in all honesty it is almost next to impossible to maintain 2 teenage children and 2 separate households while paying 1100.00 in chapter 13 payments. I’m just worried the trustee will try to validate abuse when their is none. The only true abuse is that we deny our kids better health care and food because the stupid 13 payment plan!
Thanks for any feedback.
Robert Weed
Brandi:
I’d be worried too, but your lawyer knows a lot more about how that court does things than I do. The lawyer’s helper’s explanaiton certainly makes sesne.
Kim Vanderblok
Hello, Mr. Weed,
I live in Michigan, married and we have filled a ch 7. I have a foodstamp repayment that I didn’t expect to be discharged, but our taxes were offset fit the debt. I filed for injured spouse and the money was returned to my husband since the debt was mine and most of the refund should have been his. Since then, my attor ney wants us to sign a document called a Stipulated Order Waiving Dischargeability Of One Specific Debt Under 11 U.S.C 727 a 10. It says that a money judgements is granted in favor of Michigan DHS. The attorney’s office says that I have to sign it or ill be sued by the state. I said that I would pay 100.00 per month and that’s in the document also. But I didn’t know the debt could be discharged. But what if all of my creditors would want my to pay and waive dischargeability? Why do I have to sign this? The attorney’s office also said that the state would hold up my discharge if it’s not signed and litigation charges would have to be paid to him by the hour. I don’t trust this document.
Robert Weed
Kim:
Did this issue come up when you first hired your lawyer? Seems like it should have.
You might want to consult another bankruptcy lawyer in your area. I’m too far away to be of any help. I’ve never seen anything like that in Virginia. The State of Michigan may be more agressive.
Nora
Good morning Mr. Weed,
, I filled for chapter 13 a couple of weeks ago and are scheduled to meet with the trustee in two weeks. My question is regarding chapter 7. Our means test states we can pay an incredible amount monthly to our creditors (we are way above the state median), but our budget clearly show us to be in the hole every month. It really has me worried that I won’t be able to provide for my family. He stated (the lawyer) that we just need to get it confirmed and then we modify and probably some of my creditors won’t claim and that will reduce the overall plan. I understand we make $, most of my debts are student loans which will be off the plan, mortgage, not expensive car (less than $300 month) and I owe around $28k in unsecure. This definitely does not describe our entire financial situation, but I wonder why we need to follow the mean test and just come with a number, when I feel I will fail this plan or if I don’t fail it my kids and husband will end up paying the consequences for 5 years?
Robert Weed
Nora:
This is a good example of why I hate Chapter 13. Chapter 13 puts people like you in payment plans you can’t pay. That’s what it does.
Your lawyer knows your judge better than I do. Around here, it would really be hard to modify down (the judges here pretty much only allow modifications up) but you should be allowed to, according to the law.
There’s also a lot of confusion in the law and in the courts, about what’s the right way to handle student loans. I do NOT understand how I’m expected to handle them here, so I’m sure I don’t know how your judge expects you to do it.
PS The IRS collection manual, which the bankruptcy court is supposed to follow, changed their position on student loans. http://www.irs.gov/irm/part5/irm_05-015-001.html#d0e1735. I THINK that helps people like you, but I haven’t tried it yet. Most bankruptcy lawyers haven’t seen it, because the US Trustee is supposed to announce it, but they are supposed to.
Lavern Pritt
Good discussion – I learned a lot from the points ! Does anyone know where my assistant might be able to access a blank Bankruptcy B91 form to edit ?
Myra
I have been into Chapter 13 bankrupty for 22 months. Stsarted it in Oct.2014 it is a Five year debt. I had too much equity in my house to file Chapter 7. I’m paying in to my case 736.00 dollars a month. Paying my mortgage outside the loan at 936.00 and utilities and groceries cable gas car repairs, and home repairs. Tried to get my case amount reduce and they tells me I don’t quailify because I still brings home too much. My bankrutcy amount was 40,000. My problem is I bring home 800.00 to 845.00 every two weeks plus my widow’s benefit of 313.00 of his pension. I read in a article Bankrate that I could use my quilty on my house which has a balance of 52,000 and appraise for about 145,00. Is it possible for my to go back to court try for a quity loan and payoff my chapter 13 debt or by refinancing my home. My credit score is right at 650 now which is not the best. I feel like if I can do this I could may it much better and live peacefully. Thanks Living in Va and needs a solution.
Robert Weed
Myra:
Where in Va do you live?
Ann
Is there a clone of you in Maryland? I really could use you.
Robert Weed
Ann:
Thanks for the kind words. Dan Press is a bankruptcy lawyer here who also sees clients in Greenbelt.
Abandoned Veteran
Sir, what do I do if I have too much income for a chapter 7 means test, but my income is disability (ssdi and veterans’ disability), so I can’t afford chapter 13? I have no assets and I don’t understand why my disability income – which isn’t allowed to be taken away in a bankruptcy – somehow disqualifies me from chapter 7?
I’m especially confused because it’s medical bankruptcy caused by the veteran’s administration owing me 6x more than I owe my creditors – shouldn’t the creditors go after them instead? (Veterans can’t sue the VA but third parties can.)
I desperately need to use my disability income to survive and pay what I can for my immediate medical needs, but that still leaves me nearly $300 overdrawn monthly, and it’s now adding up with late and interest fees too! I don’t understand why I can’t do chapter 7 in my situation.
I had a pro bono lawyer but he died and I don’t know if/when I can find another pro bono.
I’m in Florida and I did the pre-counseling…My medical debts are all on unsecured credit cards) because I’m too disabled to just skip seeing the doctor (surgeries that must be done urgently, but the veterans hospital either can’t do it or has a waiting list of 2+ years)… but in November the the veterans hospital said can’t repay me before 2022 because of their backlog processing repayments.
I don’t want to be homeless again – is there any way to tell my creditors that I can’t pay because the veteran’s hospital’s waitlists are forcing me to pay my own medical, which they won’t repay me until 2022?
I don’t understand why I’m stuck in the middle.
Thanks for your time and help!
Robert Weed
Abandoned:
People making more than the Chapter 7 cutoff can still get approved. You need to do a long form budget that shows what the problem is. In your case the long form budget can probably get approved if you can show the court what your medical expenses really are. It just takes documents, patience, and a calculator to add it all up.
jresquival
That’s a good tip consider Chapter 7 when Chapter 13 doesn’t work out. That’s why you should talk to a lawyer about both. My credit card got out of hand and my son’s student loans are stressful right now. I might have to file bankruptcy.
Watson
I live in VA and just lost my condo to foreclosure. I moved away from where the condo was located and was renting it out but then due to my spouse job lost, I started using the rental income to cover bills and mortgage on my primary residence. My spouse has since found another job but before I could make up the mortgage payments on the rental condo, the bank foreclosed and auctioned the property within 6 months. A lawyer I consulted with and retained is pushing me and my spouse to file Chap 13 because we make too much money. I just don’t feel comfortable and am not even sure if I should file for bankruptcy. The bulk of our debt is student loan and federal and state taxes. We were planning to leave the student loan and taxes out of the bankruptcy. I have credit card debt totaling $8k but now that the condo is foreclosed I could make those payments (which I also stopped paying at the time and they are now in collections). The lawyer recommended filing bankruptcy to avoid the mortgage holder (Capital One) from coming after me for a deficiency. I just found out the condo sold for almost $90K under what I owed. Should I wait and see if the deficiency happens or get into a Chapter 13 which I feel really uneasy about. I don’t see how I could qualify for a Chapter 7. Also, is it wise for me and my spouse to file for bankruptcy even though my spouse isn’t on the mortgage or deed of the condo that foreclosed? My spouse also isn’t on the mortgage for our primary home but they are on the deed for the primary home? So confused :-/
Robert Weed
Watson:
You probably should have filed bankrutpcy BEFORE the condo foreclosed. You have a risk that they will chase you for the deficiency they didn’t get when the property foreclosed.
I’d sure what a complete financial picture and detailed info on your plans and goals before I’d advise you one way or the other on what you should do now. https://robertweed.com/2014/07/16/bankruptcy-consultation-should-not-be-texas-holdem/
Amy Winters
Thanks for pointing out that a year or two after filing for Chapter 13 bankruptcy, it’s good to re-analyze the situation and look at Chapter 7 as an option. My sister is thinking about filing for bankruptcy, so I’ve been helping her find out what to expect. I didn’t realize you could switch to Chapter 7 from Chapter 13, so thanks for pointing that out!
Robert Weed
Amy:
Glad to help.
Randy Chorvack
It’s interesting that chapter 7 bankruptcy can help you keep your house as well as 13. My aunt is having a hard time keeping up with her debts and is thinking of filing for bankruptcy but she doesn’t want to lose her property. I’ll have to tell her the good news that she has a few options.
Robert Weed
Randy:
YOU should NOT be giving your aunt legal advice. Tell her to see a lawyer where she lives and go over everything very carefully.