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  1. #1
    Join Date
    Apr 2009
    Posts
    1

    Default Hardship Discharge Under Chapter 13

    My question involves bankruptcy in the state of: AZ
    My final chapter 13 BK payment is due on 04/09/09. We thought the balloon payoff was $7600.00. I have been contacting my attorney ( I have contacted state bar) since January to get payoff (trustee would not give us info directly as we are represented by counsel) he finally got back to me yesterday and the figure is almost $14,000.00. We had to modify plan in the middle we could not keep up with $1000.00 trustee payment monthly- we were supposed to refi house to pay remainder of was left.BK filed 11/03 and we are past 60 months- we cannot ask for anymore extensions. The mortgage market has tanked and we cannot refi house. I lost my job 10/2008 ($47,000.00 yrly salary-hubby still working) and was diagnosed with ovarian cancer and am in tx. The secured and priority claims remaining on BK are $7600.00 which I can pay this month- I asked my attorney about paying the $7600.00 and asking for a hardship discharge. He told me he did not believe we would not qualify and it would save me approx $1500 maybe... Do you believe this to be true? If all my priority and secured are paid why would we not qualify? This guy has been no help and we are running out of time quickly...He charged us a flat fee and told me point blank he has spent too much time on our case already. We have paid over $55,000.00 into our BK and with the other 7600.00 I will be at almost $63,000.00 paid. I have been up crying all night I don't know what to do and can't get in to another attorney until Monday. I can't believe if we have paid $63,000.00 it will be for nothing and the case dismissed instead of discharged. Please give me your thoughts on this.....

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hardship Discharge Under Chapter 13

    I do not have any basis upon which to second-guess your lawyer.

    If you need a second opinion, I suggest consulting another lawyer in your area who can review the full facts and details of your case history.

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