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I’m Still Struggling Even in My Chapter 13 Bankruptcy. – Robbie

“Dear Lewis,

i filed bankruptcy in 2008. payments to the trustee is taking out of my paycheck.i make the mortgage payments. when i filed, i place 3 payments in the bankruptcy. i got here due to many credit cards, lost hours at work. i’m the only one working. my wife can’t work, not a citizen.

my problem is that i’m behind on my mortgage payments, i can’t get any help with refinance. the company holding the loan would take a lower sum to pay the mortgage off, but there was no one interested. i don’t want to lose my house, but i keep falling behind due to other problems (car maintance mostly). i can’t get rid of the car because it is part of the bankruptcy


Dear Robbie,

I am not sure that there is anything the bankruptcy can do to lower your mortgage payment, or to get a refinance.

Your best shot would be to possible amend your chapter 13 plan payment based on a change in income and/or expenses. This means that maybe you would be able to lower your monthly payment to the trustee which might help you be able to get current on the mortgage.

Good luck!

My name is Lewis Roberts and I’m an attorney licensed in Florida and Georgia. My practice focus is consumer bankruptcy, real estate issues/closings, and mortgages. I also have Florida real estate broker and mortgage broker licenses. I am a proud member of the National Association of Consumer Bankruptcy Attorneys (NACBA), National Association of Consumer Attorneys (NACA), and a graduate of Max Gardner’s Bankruptcy Boot Camp. I enjoy helping people with decisions that impact their financial well-being.

Legal Disclaimer: This is for educational purposes only. It is not to be relied upon as legal advice. It also does not create an attorney-client relationship. No such relationship is formed with attorney without a written agreement.

If you have a bankruptcy question you’d like to ask just use the online form.

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About the author

Lewis Roberts

Florida Consumer Protection Attorney

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