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I’m Thinking About Canceling My Chapter 13 Bankruptcy. – Sandi

Sandi

“Dear Steve,

I was forced to start bankruptsy 13 procedure to save my house I purchased in Colo in June 06. I got behind on payments due to a guardianship issue with my mother. I no longer have that issue & feel that I can work with my mortgage co and my debtors without filing bankruptsy. My bankrupsty attorney does not think I ought to get out of filing as she says my creditors may sue me for the whole amounts (I don’t believe this) and i may lose my 2nd mortgage free property.

Can I cancel the bankruptsy and work with the mortage co myself and possibly get help from you to make settlements on my debts? I returned one car to a dealer and they resold and want me to pay them 15000 for nothing. I owe less than 10,000. total on all other debt.

Thank You.

Sandi”

The Answer

 

Dear Sandi,

I think you should listen to your bankruptcy attorney. Once you remove yourself from the protection of bankruptcy your creditors are going to go after you for the full amounts.

The reason it seems easy and possible to work with your creditors now is because you are benefiting from the protection of bankruptcy. Wait till they are screaming and chasing you after you bail on your bankruptcy.

My prediction is that you will probably do this anyway, you’ll get slammed with collection activity and suits, and then you’ll want to be back in bankruptcy again.

Your bankruptcy attorney isn’t making anything off you staying in bankruptcy. I think your attorney is just trying to give you some good advice.


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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Nicholas

    Hola, I file chapter 13 but did not include my mortgage. I fell behind and now i’m trying to work with my mortgage company Ocwen to get a mortgage payment that is reasonable.
    can they forclose on me while I’m in chapt 13 while in the state of florida???

    • http://GetOutOfDebt.org Steve Rhode

      Nicholas,

      I don’t know. Ask your bankruptcy attorney.

      Steve

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