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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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I had a Chapter 13 case filed jointly with my then spouse.

Customer Question

I had a Chapter 13 case filed jointly with my then spouse. We have since separated. We used Legal Helpers to prepare our case and they prepared our case incorrectly and filed the case in which the Trustee was unable to confirm over a period of six months. Since the filing I loss my job and my income dropped over 60% therefore leaving me unable to pay the trustee. I have since found a job however the payment amount requested from Trustee is $1700 per month and I don't even make that much money. This has caused the case to be dismissed for non-payment. Clearly my attorney screwed up royally. I only have one secured item on my bankruptcy which is my car which I want to keep. How can I do so? and/or can I re-file for Chapter 13 or 7?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.



I will be happy to assist you. First you must wait 180 days to refile the bankruptcy from the date you were dismissed for non-payment. If your situation has changed such that you now qualify for a Chapter 7, you can file that way.


In a Chapter 7, if you are current on your car payments, you can "reaffirm" the car note. You are telling the creditor that while you are filing bankruptcy his note will not be included and you will continue to make the payments. You can then keep the car and all your other unsecured debt will be discharged. Remember though if you don't keep making the payments to the car lender they can repossess and you would not be able to file bankruptcy again for 8 years.


If you must still file a Chapter 13, the same thing bascially applies, you roll the car note into the plan, you will use your current income, and you still keep your car. Obivously, most people prefer Chapter 7 over a Chapter 13 if they are able too.


You should seek a consultation with an experienced bankruptcy attorney, they will give consultations for free and go over your situation in detail.