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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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My husband and I filed chapter 13. He passed way one year

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My husband and I filed chapter 13. He passed way one year ago and I lost half of my income. My payments for chapter 13 are $1,050.00 for 5 years. I've paid three years but it has drained all my savings. I have two houses on contract for deed and they pay out in 4 years. Both house notes add up to $700.00 a month. My question is if I stop paying the court could I lose my houses. There is no way I can pay $1,050.00 a month when my total income is $2,095.00 ($1395.00 SS plus $700.00 houses). Thanks, Joan

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

I am sorry to hear about the loss of your husband.

cfortunato :

Is most of the $1395 being paid to unsecured creditors (in addition to the Bankruptcy administration fee)?

Customer:

yes

cfortunato :

Thank you for your response.

cfortunato :

You can apply for a reduction in your Chapter 13 plan monthly payment. In fact, this should have been done one year ago, as soon as your income was reduced.

Customer:

Chris - all our dept was unsecured creditors - my question is if i stop paying after three years (two more years to go) will they come after my houses? Don't know what to do

cfortunato :

Do you live in either of the 2 houses?

Customer:

no

Customer:

Chris - i called my attorney 1 year ago and told him but he said I couldn't get them reduced

Customer:

this is why i am asking for another advise

cfortunato :

Unfortunately, your attorney may not be telling you the truth. Every Chapter 13 filer has the absolute right to have their payment reduced at any time that their income is reduced. This right is provided for in the Bankruptcy Code.

cfortunato :

If your attorney will not file the papers necessary to get your payment reduced, it is recommended that you contact another Bankruptcy attorney. You can find one by calling the Texas Bar Association. The number is

cfortunato : (NNN) NNN-NNNN
Customer:

I am VERY confused - I talked to him at great length about this and he said I couldn't. I will take your advice Chris and thank you soooo much

cfortunato :

You're welcome!

Customer:

Just one more thing IF i did stop paying could I lose my houses

cfortunato :

Yes - because if you stop paying, your debts will not be discharged. If your debts are not discharged, your creditors can put liens on your houses, and then force the sale of them.

Customer:

Thanks - if I can't get results from my attorney I'll take your advise. Thanks again, Joan

cfortunato :

You're welcome again!


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