All bankruptcies include everything, there is no choice about including any debt. Your personal obligation on the mortgage note, the debt, was discharged, but, the lien remains.
Mortgage is just a term for debt secured by real estate.
In the case of a car with a lien, the bankruptcy would discharge your personal liability on the note, but the creditor could still repossess the car. Just like the mortgage company can still foreclose.
Mortgage company actions are unpredictable. They may...
not enough information for a complete answer.
is your home just in your name, or you and a spouse?
any mortgages on the home? a mortgage is a consensual lien, where you agree to pledge the home as collateral for a loan.
In Michigan, a creditor who has a judgment can put a lien on a home.
However, foreclosing on that lien to take the home is a long, involved process.
And a judgment lien is behind any mortgages, or other liens, already on the house.
for example, if you do not pay property...
DO NOT PAY.
This is a NOT a criminal matter. They are lying to you to scare you into sending money.
This is a violation of the federal Fair Debt Collection Practices Act. You are being threatened with a criminal prosecution, which is NOT possible for non-payment of a debt. Unfortunately, this is a common tactic with debt collectors, because, though illegal, it works.
Contact me, I will be happy to help.
Record any calls, if you can.
What did your attorney say?
You can review the language in your plan, and order confirming plan, but most likely it commits all tax refunds to the plan.
Therefore, tax refund payments are not "overpayments", as the creditors were told in the plan those were coming.
I am guessing that you were over the median income, so had to file a 5 year plan.
The plan is not complete when a certain dollar amount is paid, but, when the 5 years is up, or, the creditors are paid 100%.
The trustee will pay...
why are you considering a dismissal? as pointed out, you will owe the balance of the credit cards, and dismissal will revive the interest accrued since filing the case, so you will owe more money.
Why did you file the case to begin with? You need to review with your attorney what those goals were, and if they are no longer relevant, or, if you can achieve them by dismissing the case.
You have an absolute right to dismiss the case at any time.
Looks like a typo, "payments as is in chpt13"...
First, why? Why do you want to do this?
Your personal liability was discharged, so they cannot come after you for any money.
The lien survives bankruptcy.
So, to force them to release the lien, they can request the full amount due under the note.
At least, in Michigan, where I am licensed.
In my experience, most creditors are interested in lump sums, so if you have some amount you can raise, less than the balance, second mortgages will frequently take that.
It may also depend on the...
First, is your judgment against him personally, or one of his LLCs?
You can get a copy of all the papers he filed from the court; he may have lied about numerous things.
He has to disclose all his assets, and debts.
The other comments are correct about the debt limit, so if your judgment is against him personally he is over the limit and ineligible for Chapter 13 relief, though he could file Chapter 11, which is a more expensive process.
You do need a lawyer for this, there is a lot of...
First, what does your lawyer say??
Trustees may think they are in charge, but, decisions are up to the judge, so, no, you are not doomed.
You need net income to fund a plan, so make sure your income and expenses are accurately listed.
If yes and still an issue, can you cut expenses, or increase income?
The settlement is an asset now, and would have to be listed as such. It has some value now, and could be sold by a trustee, if that value exceeds the amount you can claim as exempt.
Believe it or not, there is a market for these things.
You need to explain which creditor has a lien, for how much, and why.
Each attorney is free to set his own fees. All bankruptcy fees are subject to potential court review for reasonableness.
My fees depend on the difficulty of the case, and the amount of work it will take.
They range from $500 to $10,000 or more.
I agree with the other attorneys on the $335 bankruptcy filing fee.