Legal Question in Bankruptcy in Indiana

Chapter 13 missed payments

I have paid on a chapter 13 for over 2 years but have gotten

behind over the last several months. I received a letter

stating they want to dismiss the case because of that. I

want, and need to keep my home. What can I do? Can I file

chapter 7 and still keep my ho


Asked on 2/28/03, 12:18 pm

2 Answers from Attorneys

Eric Southward Southward & Haggard

Re: Chapter 13 missed payments

First off, you are most likely still represented by your bankruptcy attorney. You should consult your attorney for what actions you can take. You may have an opportunity to make a "deal" with the Trustee to allow you to catch up on your trustee payments. But you really must evaluate your situation and look at why you haven't paid for several months. If the situation causing it hasn't changed then it doesn't matter what deal you make. A Chapter 7 conversion is an option, but it will not allow you to cure your mortgage arrears, so if you want to keep your house, the chapter 7 won't do a bit to help you. Your chapter 13 is the best way to try and save your house, but call your attorney for the options in your current 13.

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Answered on 2/28/03, 2:30 pm
John Bator Bator Redman & Shive

Re: Chapter 13 missed payments

Since you are already represented by counsel (whom you have already paid) you should contact your attorney and schedule an appointment to discuss the viabilty of saving your house. If youe have already cured your arrearage in the Ch 13, you may be able to reaffirm and keep your house if you convert to Ch 7. Otherwise, in order to keep your home, you have to be current by the tim you have your meeting of creditors

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Answered on 2/28/03, 3:12 pm


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