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Can I file a chapter 7 and keep my home my atty says I cant I think he is trying to make more money off of us.

Asked about 3 years ago - Bremerton, WA

Bankruptcy Chapter 7 Bankruptcy Filing for Bankruptcy

We dont have any equity in our home the chapter 13 fees and payments are more than my husband makes they have now started dipping into his VA disabliity I need to know if we will ooose our home and car if we go chapter 7 we cannot afford the chapter 13.

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Understand we had just finished a Forebarance and were 1 month behind due to filing the chapter 13. New news, we asked the bank to bring down our morgage they contacted said atty, the atty said he didnt handle anything with the bank (bank says because we are in bankruptcy they cannot deal directly with us) so said atty blew them off for 3 weeks thinking it was our responiablity. We also informed said atty that the amount owing on our vechile was wrong he said that was up to the court to find out how much we owed , isnt that what we pay him to do? EVERYTIME I QUESTION HIM ABOUT DOING HIS JOB HE BLOWS ME OFF ........ What do I do as we are paying him to look out for our best interests. All that has been done including paperwork has been done by me and all he has to do is transgribe it.

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Attorney answers (2)

Craig Dennison Robins

Reputation Level 13

Answered about 3 years ago. Bankruptcy Attorney in Woodbury, NY.

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First, in order to qualify for Chapter 13, you need to have sufficient income to take care of your day-to-day living expenses AND make the payments reqired under the Chapter 13 plan. You state that you can't afford the Chapter 13 payments. That means that Chapter 13 is probably not a feasible option for you.

Whether Chapter 7 will serve your objectives is a different story. It is impossible to determine whether Chapter 7 would be advisable. I don't know why your attorney advised you to consider Chapter 13 instead, but it was probably for good reason. For example, if you have mortgage arrears, the only way to stop the mortgage company from foreclosing may be to pay the arrears through a Chapter 13 plan. There are other reasons why Chapter 13 might be advisable in your particular case.

I advise you to get a second or third opinion from another qualified attorney in your area.

For more information about Chapter 13, please click on the link below:

Info About Filing Chapter 13 Bankruptcy

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