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  1. #1
    Join Date
    Mar 2007
    Location
    Kentucky
    Posts
    11

    Default Re: Converting to Chapter 7 After Foreclosure

    This is a difficult situation to try and give answers without a full knowledge of your situation.

    1. Are you sure you will qualify for a Ch 7 now? I assume you have less housing expense now, so that would make a Ch 7 less likely than another Ch 13. Whichever you file, it will be a new case. Look for the rules on how long you must wait before filing a new case.

    2. You can hire another attorney for any reason.

    3. Yes

    4. Not if you can afford it and your living expenses.

    From the information you have provided, your attorney should have made a motion to suspend payments or possibly lower payments depending on why you didn't have the funds available to pay your expenses and Plan payment. You might think about making a complaint regarding that attorney.

  2. #2
    Join Date
    Oct 2007
    Posts
    5

    Default Re: Converting to Chapter 7 After Foreclosure

    I believe the debtor would be required to pay the trustee the difference between the value of his motor vehicle and the allowable exemption, or the trustee could seize the vehicle and sell it, give the debtor the exemption amount, and disburse the balance to the unsecured creditors.

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