Subscribe to our mailing list

X

I’m in a Chapter 13 Bankruptcy But Can’t Make the Payments. – Daniel

By on October 23, 2011
I’m in a Chapter 13 Bankruptcy But Can’t Make the Payments. – Daniel

“Dear Lewis,

I filed bankruptcy (chapter 13) about 14 months ago and the payments were set very high (around 890 a month) and have had trouble ever since making payments. I have a mortgage that is about 7 or 8 years old and i had put my 4 acres of land up as collateral. I am a little behind on it but can probably catch it up but i am almost 3 payments behind on the chapter 13 and payments are now 930 or so. The land is mostly mountain land and there is a double wide as the mortgage. Land and house is currently appraised at about 85 to 90 thousand but not worth that. In southwest Virginia and lost job about 3 weeks ago. I have a wife and two children 10 and 6.

Can i go to ch 7 and will they take my land or what? What is an option for me?

Daniel”

Dear Daniel,

I would imagine you probably qualify for chapter 7 now based on the loss of your job. But qualifying for chapter 7 by income purposes is one issue. You may need to be in chapter 13 to protect an asset that cannot be fully exempted.

I do not know what Virginia’s homestead exemptions are. You need to speak to a bankruptcy attorney to determine the value of your property, the mortgage encumbering the property, and available Virginia exemptions to cover the property.

As I stated, your income may qualify you for a chapter 7. But you may have a need to be in chapter 13, but possibly a reduction in your plan payment because of the loss of income.

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.

READ  My Home Equity Lender is Still Trying to Collect After My Chapter 13 Bankruptcy - Joe

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

Last step, fill out the information below or call us for Priority Assistance.

What problems are you having with your report?

Your first name is required. Your first name is required to be at least 2 characters. Your first name cannot be longer than 50 characters.
Your last name is required. Your last name is required to be at least 2 characters. Your last name cannot be longer than 50 characters.
Your email is required.
Your phone is required. Your 10 digit phone number is required.
Your state is required.
Your age is required. Your age must be greater than 18. Your age must be less than 100.

By clicking on the "Contact Me" button above, you consent, acknowledge, and agree to the following: Our Terms of Use and Privacy Policy and to receive electronic communications. We take your privacy seriously. That you are providing express "written" consent for Debt.com or appropriate service provider(s) to call you (including through automated means; e.g. autodialing, text and pre-recorded messaging) via telephone, mobile device (including SMS and MMS - charges may apply), even if your telephone number is currently listed on any internal, corporate, state or federal Do-Not-Call list. Consent is not required as a condition to utilize Debt.com services and you are under no obligation to purchase anything.

By clicking on the “Contact me” button above, you consent, acknowledge, and agree to the following: (1)That you are providing express “written” consent for Lexington Law Firm, Debt.com or appropriate service provider(s) to call you (including through automated means; e.g. autodialing, text and pre-recorded messaging) via telephone, mobile device (including SMS and MMS – charges may apply), or dialed manually, at my residential or cellular number, even if your telephone number is currently listed on any internal, corporate, state or federal Do-Not-Call list; and (2)Lexington Law’s Privacy Policy and Terms of Use and Debt.com’s Terms of Use and Privacy Policy. Consent is not required as a condition to utilize Lexington Law or Debt.com services and you are under no obligation to purchase anything.

About Lewis Roberts

Florida Consumer Protection Attorney

Share a Comment / Leave a Reply

%d bloggers like this: