i have a house that not in my chaper 13 plan now i can no longer afford it. what can i do

You may be able to accomplish what you intend, but there is a lot to review to fully address the situation. Have you discussed the matter with your attorney? The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for February through July, including wages and unemployment during that period; (2) all your bills (several months' copies neatly assembled); (3) last four years' tax returns; (4) a credit report; and (5) other information that may apply, such as copies of lawsuits. Set up an appointment at your earliest convenience to afford the most opportunity in which to be advised about your best course.

You ask whether you can list your mortgage in your Chapter 13 case and convert to Chapter 7. The short answers are 'yes' and 'yes' but there are several factors to account for; I explain below.

Listing a mortgage in your existing Chapter 13 Plan is a matter of advising the Trustee that you wish for him/her to include mortgage payments as part of your plan payments. Making that change requires that your plan be amended and the amended plan must also be approved by the Trustee.

To convert from Chapter 13 to Chapter 7 will require the filing of a notice. How much more work is involved depends on whether amy creditors have modified your automatic stay yet. If not then the notice to convert is sufficient in itself.

If you wish to have a new lawyer take care of these things, that lawyer must familiarize themselves with your case before taking the steps outlined above. The result will be more costs than if you were to work with yoru current attorney. In return however you may gain an advantage by having a fresh perspective on your case.

I hope this information was helpful. Good luck in your future endeavors.

I agree with the answers above

LEGAL DISCLAIMER
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.

Two important factors must be considered in addition to the previous answers.

First, are you eligible to be a chapter 7 debtor under Section 109 of the Bankruptcy Code?

Second, are you entitled to receive a discharge in a chapter 7 case?

Generally, most individuals will qualify for chapter 7, however, there a few exceptions set forth in that statute.

A person who received a discharge in a previous chapter 7 cannot receive another chapter 7 discharge in a case that was filed within 8 years of the date the previous chapter 7 case was filed. To calculate this time frame, you must count from the filing date of the previous chapter 7 case in which the chapter 7 discharge was issued to the filing date of the present chapter 13 case. Even though you want to convert to chapter 7, the filing date of the chapter 13 case is the relevant time marker.