Legal Question in Bankruptcy in California

Confused about Chapter 7 vs 13

My husband and I have aprox.

$85,000. in non-secured debt. We

have a 1st and 2nd mortgage on our

house, about $240,000 with only 9

years left on it. We both work (total

income about 110,000), and have

not been late on any of our

payments . . yet. We have almost

nothing in our savings account and

can not sustain even minimum

payments for much longer (maybe a

few months more). We are in our

50's and do not want to loose our

house. We do not know what the

best method for reducing (or

eliminate) our non-secured debt,

chapter 7, 13 or maybe an offer and

compromise program. Do those debt

relief agencies help cut your debt so

that payments are manageable? We

are not looking for a way out of

paying our debt unless this is the

only way to keep our house. Any

guidance would be greatly

appreciated. Thank you


Asked on 4/12/09, 11:13 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Confused about Chapter 7 vs 13

Unfortunately, to determine the answer to this, you will need to sit with a bankruptcy attorney and/or a legitimate credit counseling agency to review your situation in more detail. There is a lot of analysis that goes into determining what the best course of action will be for you. To find a legitimate credit counseling agency, go the US Trustee's website (www.usdoj.gov/ust/) and follow the links that point to Credit Counseling & Debtor Education. I do not recommend the companies you hear advertised on TV and radio - most are not legitimate, and counsel you to go deep into default on your debt, then negotiate reduced payoffs after the accounts are charged-off. Best thing you can do for yourselves is to meet with an attorney in your area who handles bankruptcy - most will give you a free initial consultation. Start with a qualified credit counselor, however, as given the numbers you posted, I would have to believe there is a way for you to resolve this possibly without bankruptcy.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 4/13/09, 12:53 pm


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