Legal Question in Bankruptcy in California

Filing of Chapter 13

We have filed a chapter 7 alread and has been discharged. The only matter remains is that we have a second mortgage left. NOw the attorneys who told us that we didn't need to worry about the house are not being clear about Chapter 13. They say they are still discussing with the second mortgage company. My question is should we file a Chapter 13 or not and is there minimum income requirement to file for CHapter 13? One more question can we change lawyers in the middle of the case?


Asked on 10/30/98, 2:37 am

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Filing of Chapter 13

You might want to wait on the negotiations before rushing into a chapter 13. There is no minimum income for a 13 other than you must be able to afford the plan payments. Yes, you can change lawyers anytime.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201


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Answered on 1/05/99, 1:10 am
Mark Markus Law Office of Mark J. Markus

Re: Filing of Chapter 13

It's not clear from what you say that you need to file a ch. 13. Are you in default on the 2nd? It's usually better to negotiate with them rather than file a ch. 13, but if you need to, there is no minimum income requirement, but your disposable income must be sufficient to fund your plan. To see more about this, visit my web page at http://www.bklaw.com/bklaw and follow the links to chapter 13.

Mark Markus

Law Office of Mark J. Markus

11684 Ventura Blvd., Ste. 403


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Answered on 1/05/99, 2:15 am


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