Indiana  |  Bankruptcy

Legal Question

Asked on: 4/03/03, 9:17 am

Chapter 13 vs. Chapter 7

My husband and I are in a Chapter 13 plan right now and the payments are starting to get harder to make. They made our payments incredibly tight and we have four kids, so things come up quite often that don't fit in the plan. When we filed last year our attorney told us we had to file a 13 or we would lose our house. Our house was appraised last year at 178,000 and we owe 164,000. At that time if the creditors tried to take our house, it would have cost them more to list it with a realtor and try to sell it. We also don't have much in the area of personal property. (My car is only worth about $2,000). Could we have filed a Chapter 7? I don't want to end up owing all of my family members money from borrowing through our plan for the next couple of years. My husband is afraid if we tried to switch to a Chapter 7, we would lose our house. I can't contact our attorney because he has not answered any of my questions and is rude to me. He gave us NO information on filing a chapter 13 and we had no idea what to expect. (It's very different than what we were told!) I know it's kind of late in the game, but can we get a new attorney?

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