Skip to main content

IM CONFIRMED IN CHAPTER 13 BK, I DID THE BK TO TAKE CARE OF MY HOA DUES, BUT THE TRUSTEE INCLUDED MY UNSECURED DEPT-CREDIT

Pasadena, CA |

THE ONLY REASON I DID A CHAPTER 13 BK WAS TO TAKE CARE OF MY HOA DUES. THEY WHERE TRYING TO FORECLOSE ON ME. I WENT THRU WITH THE BK AND NOW IM CONFIRMED IN CHAPTER 13. SO I FIGURED IN MY PLAN TO PAY OFF 13K (HOA DUES) WHICH AMOUNTED TO 216/MONTH OVER 5 YEARS. I DID THE BK TO TAKE CARE OF MY HOA DUES(13K), BUT THE TRUSTEE INCLUDED MY UNSECURED DEPT-CREDIT CARDS. THE TRUSTEE FIGURED MY CREDIT CARD DEBT(40k) IN MY PLAN...NOW IM CONFIRMED TO PAY 1000/MONTH?? I CANT AFFORD THIS. CAN I AMEND/CANCEL AND REDO MY BK CHPTER 13 WITHOUT MY CREDIT CARDS INVOLVED?? CAN I CONVERT INTO A CHPTER 7?? HOW DO I TELL THE TRUSTEE I AM NOT TRYING TO PAY OFF MY UNSECURED DEBT (CREDIT CARDS)?

Attorney Answers 7

Posted

You obviously filed without an attorney and frankly I am surprised you got to the confirmation stage at all. Bankruptcy either Chapter 7 or 13 is an all or nothing proposition. You have to list everything you owe and everyone you owe money to (this would include your unsecured creditors). Filing BK to stop a foreclosure sale by you HOA and paying the back dues off in the plan was an admirable step but it was only one of several steps you needed to take. If you properly scheduled all of your debts and assets then you messed up on your schedule I and J calculations, which determine you plan payment. If you showed $1,000 of disposable income between your Schedule I and J then that is why the trustee confirmed you at that amount. You said you were in a 60 month plan which means you may have also messed up your means test. If you goal was only to pay the HOA you may have wanted to file a 36 month plan that did that and made you a 0% plan. But that would have required you to pass the means test (which you probably needed a lawyer for) which you did not use. As for conversion yes you have an absolute right to convert to a Chapter 7, however I would consult with an attorney before doing so to make sure you qualify for Chapter 7. If you don't want to convert or you don't qualify your other two options are a motion to modify your plan (which you will need an attorney for) or a voluntary dismissal and a re-file (hopefully with an attorney). Get the point NEXT TIME USE AN ATTORNEY OR SUFFER THE CONSEQUESNSES.

Mark as helpful

1 found this helpful

5 lawyers agree

3 comments

Diane L Gruber

Diane L Gruber

Posted

A one-time consultation with a BK attorney would have saved this debtor a lot of grief.

Asker

Posted

so i pose the question..can i amend this case myself...i just dont have the funds for a lawyer...

Brad Francis Weil

Brad Francis Weil

Posted

At this point you are your own lawyer so yes you can amend your plan it is called a motion to modify your plan, however you need to show a change in circumstances since your case was confirmed. Most lawyers will place their fees in your plan of reorganization and you pay them when you make your monthly plan payment. In the central district attorneys are only allowed to charge a max of $4000 per case. This comes out to about $70 per month of your plan payment. I represent several low income clients in a Chapter 13 and my fee always gets paid when my client makes the plan payment.

Posted

You need to find a local attorney to represent you. Chapter 13s are very complex. It may be possible to greatly reduce the percentage you must pay to your unsecured creditors while doing the Chapter 13. The Chapter 13 is the correct option to deal with the repayment of HOA arrearage.

Mark as helpful

9 lawyers agree

Posted

Your credit cards are included and you cannot pick and choose. if you were representing yourself and you go the case confirmed, good job, now you need to modify to reduce the payment for which you may be able to do, provided their is money that can be taken from the unsecured. If you have a lawyer you should call that lawyer and get some help

Mark as helpful

1 found this helpful

8 lawyers agree

Posted

It is clear that you do not understand bankruptcy. You cannot pick and choose what debts to address in a bankruptcy. It covers all debt. You need an attorney to properly advise you about this process. Then you can decide if it is right for you.

Mark as helpful

9 lawyers agree

Posted

You have made a terrible mistake in attempting to represent yourself in a Chapter 13. You cannot pick and choose your creditors. It's an all or nothing proposition. Do not make the same mistake twice. Seek immediate legal counsel. If you continue to represent yourself, only bad and worse things will happen. Good luck.

SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law. I am licensed in California, only. Answers must not be relied upon.<br> <br> Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us.<br> <br> The communications on this website are not privileged or confidential. I assume no duty to anyone by my participation on Avvo because I have answered or commented on a question. Specifically, I assume no duty to respond to any question, comment, telephone call, or email because of my participation.<br> <br> All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult an attorney licensed in the appropriate jurisdiction for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.<br> <br> Michael R. Daymude, Esq., Sherman Oaks Galleria – Comerica Bank Building, 15303 Ventura Boulevard, Suite 900, Sherman Oaks, CA 91401-6150. Telephone: 818.971.9409 • Website: mrdaymude.com

Mark as helpful

8 lawyers agree

Posted

Your Means Test probably stated exactly how much needed to be paid on your credit cards each month in addition to your HOA debts. Your budget probably stated that you had the resources available to pay. Chapter 13 isn't a free ride - you are required to pay your creditors what the court determines you can afford. Hope this perspective helps!

Mark as helpful

8 lawyers agree

Posted

The chapter 13 trustee believed that you made enough to pay nearly $800 in credit card debt each month in addition to the HOA dues. Chapter 7 will allow you to discharge only those dues that accrued prior to filing. You have the option of filing a motion to amend your plan. Consult an attorney.

Mark as helpful

5 lawyers agree

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics