I have a friend who is gainfully employed and earning a good living.He struggled for 2 years to find a job when his aerospace company folded.He has been mis-represented on his bankruptcy proceedings and islosing his home to foreclosure. He is married and has children in school.What remedies does he have to protect himself and his family?Email me XXXXX@XXXXXX.XXX
State/Country relating to question: California
This person has requested bankruptcy Chapter 7 but this has devolved to Chapter 13. So far he is working and plans to remain so. He was gainfully employed for 30 years and has recently resumed this role with a good company after 2 years of being unemployed. He does have some relatives that live locally..
This is just too general to answer. Can you be more specific? To protect himself from what?
This is what my friend said:
Yesterday the U.S. Bankruptcy Court denied our petition to convert from Chat 7 to Chap 13 status. This means that our government is going to take my home and my car (they are assets and have equity, unlike most bankruptcy filers). The judge was particularly harsh because we have not paid our mortgage for a ‘long’ time (which while in active bankruptcy I couldn’t!) and an inept attorney that failed to include me in the hearing (I didn’t get my ‘day in court’). I now have an unknown amount of time to vacate my home and try to resettle, with children in school, my wife’s and my jobs out of the home put at risk, and no credit or cash reserve. How is it that all these programs and bail-outs are available and I can’t even keep my home, despite a healthy income finally?
A Chapter 13 is where a repayment plan is set up, so it would usually allow a person to keep their home and make payments on the amount they were in arrears whereas a Chapter 7 would require them to sell it and use most of the equity to repay creditors. Likewise with the cars.He can always try and withdraw from the bankruptcy and refile later or hire another lawyer, but those are really the only choices other than to work out a repayment plan through the court.If you would like any additional information or have more questions please don’t hesitate to ask but please do so my clicking on the Reply to Expert tab.We work for Positive Ratings, please click on one of the top three ratings or one of the Smile Faces, as this would be appreciated. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. Please bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.PLEASE DO NOT use the rating system to ask for more information or in an attempt to tell the website that you didn’t like the substance of the answer as it gives a NEGATIVE rating to me personally if your rating is one of the lower two.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
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