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Ray, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 41590
Experience:  30 years in civil, probate, real estate, elder law
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I am presently in bankruptcy. Its a story but to try to

Customer Question

I am presently in bankruptcy. Its a long story but to try to summarize, I was with a credit consolidation company in 2011. I had already been in it for over a year. I was employed then, making $5,000
I am seeking help with my bankruptcy. I have some questions about the position I am in at this time. I started BK in 2011 after trying to consolidate my debts with FreedomDebt or something like that. When they hit a glich with one of the debters, I wasn't sure what I should do. I was encouraged to talk with a BK lawyer about BK. I did that. I was a fairly new widow, having lost my husband of 41 years to cancer in 2009. I was pretty fragile emotionally. I went to Richard LaCava for a consultation. He reviewed my property values and my income etc. and he encouraged me to go into bankruptcy. Things might have been OK, but I was laid off my job. The company I worked for was in trouble and has since closed. I was not very well at that time. I had several hospitalizations for bleeding from an ulcer like problem in my stomach. I could not keep my head above water. There was one review of my case and my payment was lowered from $2,ooo something to $1,799 or so. I have sold almost all my valuable, family heirlooms, golden coins etc. to make payments to the BK trustee covering my case. I have nothing left except the equity in my house. The reason I have to pay 100% of my debt. I cannot get that equity now however, because I am in bankruptcy. I don't know what to do. My brother was living with me until a year ago last Feb. (almost 2 years ago). He was paying $1,000 a month rent. Since he passed I have been paying everything myself.. My adult son lives with me and helps out when he can but he doesn't make very much himself. Is there anything I can do at this point? I called my lawyer a few times but the only I ever talk to is his Paramedic. She tries to be helpful but she is not a lawyer and I am now going to have to have more surgery for arthritis in my knee. I have chronic back problems and under the care of several doctors at UCSF. I hope you can tell me what I might do. If I could just refi my house and I could pay off my BK I think I would be better off. Right now interest rates are low but they will go up again pretty soon I think. Hope you can give some answers.
Judy ******
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA Judy.Ray here to help you.

I would strongly suggest you convert to Chapter 7 bankruptcy.Here it discharges all your credit card and other debts.You would have to reaffirm your home loan if you want to keep it.But it sounds like your income has dropped and you now qualify for Chapter 7 here. This is not unusual many do so because of the harsh living and changes in your income under Chapter 13.I would contact your lawyer here and tell them you want to convert to it because you can no longer make the Chapter 13 payments.

Expert:  Ray replied 1 year ago.

More about converting to Chapter 7

Judy I wish you the best.I know this can be overwhelming.You would be able to refinance once Chapter 7 in completed in about a year.Thanks again.

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