
06-06-2007, 03:42 PM
|
|
Senior Member
|
|
Join Date: Nov 2006
Posts: 1,389
|
|
Quote:
Originally Posted by toneman
A month ago I filed for Bankruptcy, and qualified in every way for chapter 7; all of my possesions, including my home, were exempt from being sold; but my attorney said that just because I was a few months behind on my mortgage, I had to take chapter 13. The trustee paid what I was behind on the mortgage, and the judge orderd me to pay my mortgage fully each month after, even though he knew full well that my finances were not enough to do so; and now my home is in danger of being forclosed upon. What can I do to keep my home? I am able to make the monthly payments to the trustee; can I ask that my mortgage be added to the payments? I have not gone to the crediters meeting yet, can I ask about this then? Will changing from chapter 13 to chapter 7 help? Is the judge ordering me to pay my mortage even though he knew full well that I couldn't afford it even ethical? Can I sue him for this?
|
It is NOT unethical for a judge to order you to pay your debts LOL Your inability to pay is NOT his problem. I would ask all of these questions of my attorney who is supposed to be handling this for you. I would certainly ask about adding the mortgage immediately, BEFORE the creditors meeting. Bankruptcy is never an easy thing to go through---the best advice you can get is from your attorney who, ironically enough, ISNT losing HIS house.
|