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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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I filed a Chapter 7 when counsel should have advised a Chapter

Resolved Question:

I filed a Chapter 7 when counsel should have advised a Chapter 13 it is equity in the property. The trustee wanted to sell house, but then I converted to a Chapter 13.
I cannot afford the monthly payment, do I have any other options?

Can I ask for proof of the creditors responding to the Chap 13 letters that went out to them? What is a customary fee for the (previous Chap 7 trustees fees?)Can they charge what ever they want to? He hired a Realtor, does he have to be paid as well?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 4 years ago.
Hi and thank you for your question.
The fees for the trustee's work would depend on what amount of time and money was outlayed to start the liquidation process. The ch7 trustee would need to file a proof of claim with the court, to which you can object if you feel it is inaccurate. The court will usually allow the chapter 7 trustee their hourly rate for time spent on the case, cost of appraisals, surveys, agents etc. You can ask for proof of expenses though.

The creditors in the chapter 13 case will receive proof of claim forms, they will send them in to the court, and will be on file with the clerks' office so you can monitor your claims. Your attorney will have digital access to them as well. You can review your case stats as well at https://www.13datacenter.com/

The chapter 13 is the way to protect the equity in the home, so if the case gets dismissed, the creditors can collect again. Your only other option is to refinance the home, and pay down the creditors, but if you do this on your own, you would need to negotiate the % repayment with the creditors, and you can be taxed on the savings. If you stay in the case, then they are forced to accept your confirmed plan repayment with no tax issue.
Thank you for your question and good luck.
Customer: replied 4 years ago.

Hello expert, we have to attend a 341 meet this week for the Chap 13. If we don't attend will case reverse back to a chap 7?

 

If we attend and agree to the monthly payments would the circumstances still be the same if we cannot afford to pay it? Will the creditors come back after us?

 

If I cannot get refinanced to pay creditors then what? Can the Chapter 13 allow more than 5 years to pay back? Could creditors file a judgement against me if all else fails? And wiil the bankruptcy still be on my record...

Expert:  Terry L. replied 4 years ago.
No. If you fail to appear, they usually will give you 1 continued date. The trustee will then move to dismiss your case. It will not revert back to chapter 7.

If you attend, the trustee will recommend any amendments. If you do not make the required payments, they will bring the motion to dismiss. Yes, the creditors can come back after you if your case is dismissed.

Chapter 13 is capped at 5 years for the repayment by law. If your case is dismissed, the creditors can sue, and can obtain a judgment against you if you do not work out repayment agreements with them if that happens.

The bankruptcy will be on your record no matter what, for 10 years.
Customer: replied 4 years ago.

Hello Expert, My last and final question...

I just want to re-confirm that the trustee will not make me sell my house?

 

Is Just Ask a good part time opportunity to consider? if you are a expert in your field?

 

P.S.

Thanks for your professional advice and a bonus will be added.

Expert:  Terry L. replied 4 years ago.
Chapter 13 is designed to protect your assets, you will pay back enough debts to protect the home. Chapter 13 trustees do not liquidate any assets, only CHapter 7 trustee's do.
If you are an expert in one of the just answer fields, it is a great opportunity, and it is a great service to it's visitors too!
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2518
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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