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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I live in Illinois My bankruptcy was filed in court in Oct. My

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I live in Illinois My bankruptcy was filed in court in Oct.
My 16 yr old received social security income (from death of his father) and was included as my income
I placed this child in a residential facility for behavioral issues in Dec. and have now lost his SSI
His SSI was used to pay part of the mortgage and the trustee payment
I do work but do not have enough to pay all this and my utilities
My lawyer said to tighten my belt what do.... I do


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification


Did you file a chapter 13 bankruptcy which is a payment plan?


Can you afford your mortgage now or do you want to change the payment terms?

Customer: replied 3 years ago.

Yes it was chapter 13, With a payment of 295.00 a month to the trustee. for a minimum of 36 months. Before I filed bankruptcy, I tried loan modification which was unsuccessful due to the payment increase for 6 months they requested. My son also receives a military survivor check which just covers the mortgage.So I'm good with the mortgage for now... I drive a school bus and only clear aprox. 900.00 a month with the 295.00 for the trustee, 240.00 for car and life insurance. 100.00 att-uverse 150.00 US Cellular (I have a daughter in college) 30.00 a month in prescriptions for my HBP and acid reflux.With the utilities and a possible 25.00 co-pays if I get sick and need to go to my doctor barely have enough for food or gas in my car to get to and from work.

You have two options you can consider:

1. Dismiss your current chapter 13 case, and continue to pay the mortgage, and stop paying your other debts, by doing this you save payments to the creditors for some time, and you can file your taxes and keep your refund, then in 6 or 12 months if needed you can file a chapter 13 again.

2. File a motion to amend your chapter 13 to consider the lowered monthly income, this would reduce your payment plan since you have a decreased in income.

3. Convert your case to a chapter 7, and discahrge all your debts, and reaffirm the mortgage and pay them so you can keep your home.

WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you