Andrea wrote to me through the GetOutOfDebt.org site and asked the following question. If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.
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“Dear Steve,
I filed Chapter 13 in 2006 with $ 32,000.00 worth of debt. Now it is 2009 and bankruptcy court say I owe them $ 39,000.00 worth of debt. I have spoken with my attorney about it but, he’s not really communicating with me.
I have spoke with someone at bankruptcy court and they gave me a print out of my payments, and how they are being made to my creditors. It looks as if some of my creditors has filed the same claim 2 or 3 times but my attorney says that’s not the issue, but he’s not really expaining it to me.
I have a car included in my chapter 13 plan that when I first put it into the plan it was $14,000. now it’s showing that I owe a total of $19,000 for this car since 2006 when I filed. I want to know what’s my options if I dismiss my case and file Chapter 7?
Capital One can have the car back. Im current on my mortgage payments. I bought my house for $ 69,000, I owe $49,000, it’s been appraised @ $100.00 which it may only sell for about $70,000 now. All I’m concerned with is keeping my house.
Help me Please!!!!!!
Andrea”
The Answer:
Dear Andrea,
Let me assure you that with some focus and perseverance that this situation can be resolved.
It would be a mistake to bail from the plan in place because of some reporting errors and a failure of communication from your bankruptcy attorney.
Your bankruptcy attorney should be doing a better job of communicating with you. I’m sorry they are not. My recommendation is that you call the office of the bankruptcy attorney and make an appointment to go in face-to-face and get clarification, answers, and help to clear up what is probably a simple reporting mess.
If they are unwilling to help you or the answers they give you don’t seem to make sense, contact another local bankruptcy attorney for help. Whatever you do, do not dismiss or convert your case without professional assistance from a licensed bankruptcy attorney. It can create a bigger mess if you do.
Please keep me posted here on what happens.
