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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12951
Experience:  B.A.; M.B.A.; J.D.
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I HAVE BEEN IN CHAPTER13 BANKRUPYSY FOR ONE YEAR. I WAS TOLD

Resolved Question:

I HAVE BEEN IN CHAPTER13 BANKRUPYSY FOR ONE YEAR. I WAS TOLD IT COULD BE CANCELED AND IF SO IT WOULD BE LIKE IT NEVER HAPPENED.I CAN PAY UP MY 3 MORTGAGE NOTES INCLUDING ANY LATE CHARGES CAN BANKS STILL REPO IF I CANCEL . THE REASON FOR THIS DECISION IS BEING TREATED AS A TOTAL DEADBEAT BY MY ATTNY. WHO ONLY WANTED MY TWO THOUSAND DOLLARS DOWN AND FOR ME NOT TO ASK ANY QUESTIONS.MY WIFE AND I JUST WANTD TO BE FREE OF THIS AT ALL COSTS. WHAT DROVE US INTO THIS WAS CRED CARD COMPANIES RAISING OUR INTEREST RATES FROM 9% TO 29% JUST BECAUSE WE WERO OVER 80% OF LIMITS. I HAVE 3 HOUSES ONE COMPANY AMERICAN GENERSL SAID THEY WOULD WORD OUT A DEAL TO PREVENT FORCLOSING ON ANOTHER HOUSRE THEY DONST NEED BUT BBT IS NOT COMMITING,STILL CANNOT SELL HOMES BUT RENTAL MARKET IS GREAT.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 5 years ago.
I am a bit unclear with the facts here. Could you clarify?

Are you asking if you bring your mortgage up to date if the lender is still going to forelcose if your Chapter 13 is dismissed?

Why do you think that your Chapter 13 can be dismissed?

What does this have to do with your bankruptcy attorney?
Customer: replied 5 years ago.
MY ATTORNEY SAID HE COULD CANCEL THE CHAP 13 IF WE DID NOT LIKE TERMA AND IT WOULD BE LIKE IT NEVER HAPPENED. SEE WHY I AM HERE FOR SECOND OPINION BEFORE SURGERY.
Expert:  Phillips Esq. replied 5 years ago.
I still need clarification.

You did not address my other concern:

Are you asking if you bring your mortgage up to date if the lender is still going to forelcose if your Chapter 13 is dismissed?

Customer: replied 5 years ago.
MR PHILLIPS' WE ENTERED CHAPTER 13 BECAUSE OF MAINLY CREDIT CARD ISSUES WHAT WE WANT IS OUT OF CHAPTER 13 WITHOUT LOOSING HOUSED WE WERE ONLY ABOUT 3000 BEHIND ON ALL THREE. THE CREDIT CARD PARISITES CAN SUCK SWAMP WATER I DONT EVER INTEND ON HAVING AR USING A CREDIT CARD AS LONG AS I LIVE. HOW CAN I GET OUT AND PROTECT HOUSES AND INNOCENT FOLKS IN THEM.
Expert:  Phillips Esq. replied 5 years ago.

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

Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 12951
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 5 years ago.
THANKS BUT CHAPTER 7 CAN ONLY PROTECT ONE HOUSE I HAVE 3. BY OBJECTION OF CREDITORS IS THIS SECURED OR ALL CREDITORS
Expert:  Phillips Esq. replied 5 years ago.
Either a secured or unsecured creditor can file an objection.

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