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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
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Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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My final ch 13 BK-AZ payment is due on 04/09/09. We thought

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My final ch 13 BK-AZ payment is due on 04/09/09. We thought the payoff was $7600. I have been contacting my attorney ( I have contacted state bar) since January to get payoff - he finally got back to me yesterday and the figure is almost $14,000. We had to modify plan in the middle we could not keep up with $1000 trustee payment monthly- we were supposed to refi house to pay remainder of was left.BK filed 11/03 and we are past 60 months- we cannot ask for anymore extensions. The mortgage market has tanked and we cannot refi house. I lost my job 10/2008 and was diagnosed with ovarian cancer and am in tx. The secured and priority claims remaining on BK are $7600 which I can pay this month- I asked my attorney about paying the $7600 and asking for a hardship discharge. He told me he did not believe we would not qualify and it would save me approx $1500 maybe... Do you believe this to be true? If all my priority and secured are paid why would we not qualify? This guy has been no help and we are running out of time quickly...He charged us a flat fee and told me point blank he has spent too much time on our case already. We have paid over $55,000 into our BK and with the other 7600 I will be at almost $63,000 paid. I can't believe if we have paid $63,000 it will be for nothing and the case dismissed instead of discharged.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.
A hardship discharge is rare, and only granted in extreme circumstances. The plan pot has a minimum payment that must be made to satisfy creditors. I don't have the specifics of your case, but you can bring a motion to modify the plan, they will often let you go past 60 months if you made great progress, however this depends on the court and trustee, it's not in the code. You can always fire your lawyer and hire another to bring the hardship motion or the motion to modify the plan or defer any default if you have it. Otherwise, you need to keep paying the plan as the plan requires. Best of luck.
Customer: replied 5 years ago.
The plan base was $67211.76 of which $2500.00 was to unsecured creditors. The amount I am short is almost $5000.00. I just cannot under any circumstances get that amount together in less than a month. Would it behhove us to look at converting it to a chapter 7? I thought under NO circumstances could a case go beyond 60 months. Does the court do this often if so I could surely pay this off within another few months or so.
Expert:  Terry L. replied 5 years ago.
It says 60, but based on claims, they sometimes run over, and the court would usually rather see you discharge the debts than dismiss it for that reason from what I've seen in Chicago at least. If there is no motion to dismiss, you should just chip away at it and be done with it, otherwise, if they have filed a motion, you will need to either cure, or bring one of the two motions discussed. best of luck.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2526
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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