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Trying to keep my home ammended 7 originally intended to surrender as no income, now I can afford to keep it, but cannot convert

Asked over 2 years ago - Seattle, WA

After becoming unemployed I filled a chapter 7 in December, I had no income, got a discharge in April. At filing I was going to surrender my home. My case is still open I have ammended my filling and wish to keep my home. The 1st mortgage made an error and can not foreclose and probably don't have a lien. I have filled a homestead exemption with the county but the trustee still wants to sell the house. As I had no income at time of filling I can not convert to a 13. How do I save my house? My equity is about $70,000.

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Jeffrey Daniel Larkin

Reputation Level 15

Answered about 2 years ago. Bankruptcy Attorney in Carlsbad, CA.

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Convert the case now if you have the income and pledge $70k to your unsecured creditors over a 5 year period. Need more facts as to why you cannot convert.

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.

The Larkin Law Firm

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