Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Thanks. As long as your payments on the mortgage are up to date, you can file to voluntarily dismiss your chapter 13 case and still keep your properties. However, you may have a problem if the Chapter 13 Trustee objects to your motion to dismiss or if one your creditors objects. You may as an alternative file a motion to convert to a Chapter 7 if you are eligible to convert your Chapter 13 case to a Chapter 7. This way the credit card debts will be wiped out and you would continue to make payments on your mortgage.
You might be eligible to file for a Chapter 7 bankruptcy relief if you meet the income guidelines for your household size in your state. If your income is equal to or less than the current income guidelines for your household size in your state, you may be eligible to file for a Chapter 7 bankruptcy all things being equal. In Chapter 7, if the Court grants you a discharge your debt (the credit card debts) will be wiped out. You would get a clean state, a fresh start.
These are the current income guidelines for the State of North Carolina: Household of one person $38,478.00 Household of two persons $52,355.00 Household of three persons $57,301.00 Household of four persons $70,134.00 Add $6, 900.00 for each additional individual