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

Asked 12 months ago - 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)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

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    Answered . 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.... more
  2. Brad Francis Weil

    Contributor Level 11

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    Answered . 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.

    Diane L Gruber
    Diane L Gruber, Bankruptcy Attorney - West Linn, OR
    Posted 12 months ago.

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

    No photo
    Asker
    Posted 11 months ago.

    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, Chapter 13 Bankruptcy Attorney - Long Beach, CA
    Posted 11 months ago.

    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.

  3. Stuart Bradley Handelman

    Pro

    Contributor Level 11

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    Answered . 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.

  4. Alan D. Walton

    Pro

    Contributor Level 19

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    Answered . 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.

  5. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

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    Answered . 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

  6. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . 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!

  7. Justin Drayton Graham

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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.

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