Legal Question in Bankruptcy in Georgia
Chapter 7 after Chapter 13?
My mother filed chapter 13 in 2003-04. Since then she lost her job and the ability to pay the monthly payment plan. The court dismissed her chapter 13, does she have anu options to releive her debt? I am worried that she may lose the family home, car and a small rental property.
She had been making monthly payments of $2800. Without any income it was an impossible feat. She talked to her trustee and was instructed to catch up the payment then they would restructure the payment, she was unable to do so and it was dismissed.
I would appreciate any answers or options.
2 Answers from Attorneys
Re: Chapter 7 after Chapter 13?
If your mother has less than $10,000 equity in realty and the realty is current, Chapter 7 may be an option to keep property. If her equity is larger, a Chapter 13 becomes the option, but it requires income to fund it adequately.
Re: Chapter 7 after Chapter 13?
Since your mother does not have any income, then most likely she will not be able to file another Chapter 13 case as this type of bankruptcy requires income. If her equity is less than $10,000 and she did not have any mortgage arrears at the time she filed her Chapter 13 case, she may be able to file a Chapter 7 case and still keep the home.
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