Bankruptcy Law

Bankruptcy law questions? Ask a bankruptcy lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My husband and I filed chapter 13. He passed way one year…

My husband and I filed...
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
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 2 minutes by:
10/11/2012
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified

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!


But before you go, please don't forget to provide a positive rating for my help.


Thank you!

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified
cfortunato and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a bankruptcy lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask cfortunato Your Own Question
cfortunato
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
8,023 Satisfied Customers
Experience: Bankruptcy professor.

cfortunato is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,720 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

513 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
my wife and myself lost our jobs 1/1/13 so we started social
my wife and myself lost our jobs 1/1/13 so we started social security as we can not find work, I damaged my rt arm falling from a ladder, We were making 75K per year and now we get less than half of t… read more
Dylatess
Dylatess
JD
1,536 satisfied customers
We filed bancroptsy 13.Our case is not confermd yet.My husband
We filed bancroptsy 13.Our case is not confermd yet.My husband making after tax4500$ or less.He is a carhauler .We pay to a trustee 2800.We have family of 3.Me .I am for reason not working.Our son is1… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,421 satisfied customers
I live in the state of Florida, am 65 years old, and have never
I live in the state of Florida, am 65 years old, and have never filed bankruptcy. I would like to have information as to cost, etc. for total bankruptcy.… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
Can a married person on social security, and two pensions totaling
Can a married person on social security, and two pensions totaling under $26k, file for BK if their spouse is employed and earning $55k. The total income is still unable to pay monthly debts (mortgage… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
What are the guidelines for filing for Chapter 7 or Chapter
What are the guidelines for filing for Chapter 7 or Chapter 13. I do not want to file for my home or other items.… read more
HCLegal
HCLegal
Partner
Doctoral Degree
429 satisfied customers
My husband lost his job 4 years ago after working for the same
My husband lost his job 4 years ago after working for the same company for 35 years. I was also out of work. We sold our home and bought another one and found work. My husband was forced to take retir… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
my question is this. i am behind on my mortgage and wasnt
my question is this. i am behind on my mortgage and wasn't getting any help with the modification process by myself. i was close to foreclosure and then was told to call an indiana foreclosure prevent… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
I am a lawyer but I am looking for peer opinion. I filed a
I am a lawyer but I am looking for peer opinion. I filed a Chapter 7, joint petition in Virginia. The clients have a home valued at $374,000 and they still owe $241,000. The homestead exemption in Vir… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
What are the bankruptcy rules Who can file What are the financial
What are the bankruptcy rules? Who can file? What are the financial threholds, if any? What assets are protected under the rules? Home, bank accounts, retirement savings, etc? What is required to file… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
Does filing Chapter 7 or 13 bankruptcy help with a deficiency
Does filing Chapter 7 or 13 bankruptcy help with a deficiency judgement after foreclosure? Our house is about to go to auction next month and we are trying to save it but the bank is not really workin… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
We just got a summon for the prince william co. virginia. The
We just got a summon for the prince william co. virginia. The summon is on my husbands name for unpaid credit card for 80k. We have a home worth 100k+ less than what we owe we have 3 vehicles with ban… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
I get addional income from a sale of my business 4years ago
I get addional income from a sale of my business 4years ago which just pays my house payment, I have 4yrs left of payments , will this go agaist me from filing chapter 7? What will happen if i did not… read more
cfortunato
cfortunato
Attorney
8,023 satisfied customers
Age 63, live in florida, home lost to foreclosure, sole caregiver
Age 63, live in florida, home lost to foreclosure, sole caregiver to mom who is in the home hospice program requiring 24/7 care with advanced Alzheimers and Parkinsons Disease. Helping to raise 18 mon… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My parents live in Florida and owe $180,000 in credit card
My parents live in Florida and owe $180,000 in credit card debt. They also owe about $270,000 on their mortgage. But they have social security and a pension worth about $80,000/yr. What is the most li… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I have been working with an attorney to file chp 13, and she
I have been working with an attorney to file chp 13, and she has not been help at all. I lost my business, and got divorced....and have had a very hard time finding a roommate, and finding a steady jo… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
WE ARE WAY OVER OUR HEADS IN DEBT. $ 38,000. I MADE THE DESPERATE
WE ARE WAY OVER OUR HEADS IN DEBT. $ 38,000. I MADE THE DESPERATE MISTAKE OF SIGNING ON W/ FREEDOM DEBT RELIEF, LLC. OUT OF CALF. AT $500. FOR 3 YRS. I THOUGHT THEY WERE GOIING TO LOWER THE INTEREST R… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
I have a 1 yr. old business that is not showing a profit yet,
I have a 1 yr. old business that is not showing a profit yet, mostly due to the high interest credit lines/card pmts. of $2,600 mth., which all goes to interest. (Total owed is $80,000) I've had no lu… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
i am in the processs of foreclosure on my home if i file bankrupcy
i am in the processs of foreclosure on my home if i file bankrupcy will i still lose my home… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x