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  1. #1
    Join Date
    Dec 2009

    Default Can I Keep My Home and My Car if I Convert from Chapter 13 to Chapter 7

    My question involves bankruptcy in the state of: CA

    I was forced into BK earlier this year and ended up filing for Chapter 13, with less than 24 hours to spare in order to save my home. I won't go into details about why other than to say that, in addition to years of horrible events in my life, I was also scammed by a mortgage modification company (actually, there were quite a few companies but they were all inter-related). Since then, the lawyer that owned one of them was forced to resign from the Bar (or he would have been disbarred), I succesfully sued the companies that did this to me (still trying to collect on that), etc.

    So far, filing for Chapter 13 has been HORRIBLE - the ONLY thing the trustee cares about is getting my money (I can't believe that trustees get a free-flow of income from people who have had so many problems) and the attorney I was forced to hire, at the last minute, has also been HORRIBLE. While my Chapter 13 plan was approved in July, I can't get any information as to who I need to pay each month, how much, what my current balances are, etc., etc. Of course the Chapter 13 Trustee has had no problems sending out nasty letters when he doesn't think he's recieved my money. On top of that, my useless attorney will NOT respond to calls. I finally gave up and filed a complaint against her with the BBB - which also could not get answers from her. Because record keeping is becoming a nightmare, I called my bank - they too have told me that they can't get answers from my attorney.

    At this point, I'm just completely worn out and exhausted from the endless hassles - what I want to know what do I have to do in order to keep my home and my car if I can covert to a Chapter 7? I really don't have any other assets but do have a steady (but limited) income.

    Also, I'm VERY tired dealing with so many unethical lawyers - how do I find one will actually help me? I DON'T want to deal the useless one I had to hire for the Chapter 13.


  2. #2
    Join Date
    Jan 2008

    Default Re: Can I Keep My Home and My Car if I Convert from Chapter 13 to Chapter 7

    Hi i am not a lawyer but i did the same thing you want to do, but first find a bk lawyer that knows what he or she is doing, we did ours 12/2008 but my lawyer said we don't want to convert but file a cpt 7 which we did all went well, now if you deside to do that and you have the funds to pay lawyer than plan it out remember you have go back to 6 months of income, so malke sure that works out, than don't pay the trustee wait it out or you can cancel to get a dismissal but you have to be prepared to act quickly cause the creditors will start calling.

    God Bless

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