Legal Question in Bankruptcy in Maryland

chap 13 or 7---can i keep my house?

i filed for ch 13 in oct 97, my mortgage company returned the nov pymt and said they were going for a foreclosure. i have not had the mtg of creditors yet , but was told by the trustee to make the payments beginning in nov.as of yesterday the mortgage co, said they are not aware of the case. i have the ltr from the courts that was sent to all creditors. can they still foreclose? also, i made my trustee pymt, but his ltr said that the propsed amount seemed too little. i really cant afford anymore than the proposed amount. can i ch7 and keep the hse and car? i will pay the same amount in rent as i do now for a mortgage if i were to move. but i would be losing money because i'm currently carrying 6 exemptions to make it thru the yr. but i can only claim 1 at tax time. so the mortgage helps to equal things out. my refunds are in the $300 range. in addition, i have some serious health issues, so obtaining a pt-job is out of the question. u may need to know that this was a 2 income hsehold a yr ago. i can't speak with my atty until monday, and then it's just going to be his para-legal. the only thing she ever says is "it's ur decision, just let me know what u decide". when i retained him i was a basketcase and didn't know that he was one of those guys with an office in every zip code. now i really feel like just a case # and not an individual when i call the ofc.

thanx for ur help


Asked on 11/22/97, 2:19 pm

1 Answer from Attorneys
Brett Weiss Brett Weiss, P.C.

Chapter 13 or 7--Can I Keep My House

You don't need a paralegal--who is prohibited by law from offering you legal advice--but an attorney. Chapter 13 is *not* a do-it-yourself project. I represent many who have tried to do it themselves and caused significant problems. Some have lost their homes as a result.

If your lawyer isn't properly advising you, you need a new lawyer. I would suggest first setting up an appointment with him, sit down face-to-face and see if you can get answers to your questions.

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Answered on 11/24/97, 2:14 am


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