I'm on a limited incomeHow can I change the high pmnts on my bankruptcy orders so I can survive.
My bankruptcy was finalized 3 1/2 yrs ago. I am paying the trustee on a debt to a credit union approx. $440.00 a month now owing approx $8000.00 from a loan on my RV which is my home. I am 73 on SSI receiving $1181.00 a month. my husband & myself had no problem paying all our creditors until he went to prison 4 years ago. I went into bankruptcy because I couldn't afford paying all we owed. Life has been exceptionally difficult as I have no other income. I have been able to live in my RV on property that I don't have to pay rent or utilities but that will be ending in the near future & will need to come up with money I don't have for rent & utilities. The bankruptcy also stipulated I couldn't sell my RV for 5 years which will be up in approx 1 1/2yrs.
What I am interested in is being able to sell my RV before the remaining time is finished so I don't have this albatross in my expenses & hopefully lower the pmnt amount or even remove the payment altoghether. I am a senior with a SMI mental health determination suffering with bi polar illness.
If I can't change the bankruptcy orders I don't know where I can live & how I am going to survive.
You say that your income is SSI -- that inconme is exempt from creditors levies. Accordingly, you can convert to a chapter 7, and "may be judgment proof". The trustee will probably insist that you sell the RV (whuich you want to do) because it will not be exempt. However, your biggest problem is you need to talk to an actual attorney, not attempt to make this website do the job of an attorney who has all the facts. Good luck to you.
This is general advice. You are anonymous. If you PM me I won’t know what it’s about. I know no one reads these. I wish they did. VIS A VIS AI--there's nothing inherently wrong with the technology, but it must be used ethically. Some attorneys are using it without any use of their legal expertise. ALSO--Avvo now hides my areas of expertise, because they are in this ONLY for the money. (And I won't pay._
If you can find a buyer who will pay more than what is owed on the RV, the court may entertain a Motion to Sell the RV. If the RV is upside down (i.e. you owe more than it is worth), you may be able to convert to Chapter 7. Talk to your lawyer about these and other options.
Please note this is to be considered general advice and not legal advice about any particular situation. The answering of any question does not...
