What is the name of your state (only U.S. law)? Minnesota
After a bad divorce I filed for a chapter 7 in February 2004, the bankruptcy was discharged without any issues in June 2004. I was unemployed due to illness in 2007 and had to file a chapter 13. I filed the chapter 13 in January of 2008. While at the trustee hearing the trustee told me I was not entitled to a discharge. I would only get a dismissal. My attorney assumed that by the time of the dismissal most debtors would have written it off and not come after me. I was checking with my auto loan company which was included in the chapter 13 to determine WHEN I would get my lien card. According to bankruptcy records I only owe 3 payments before the auto loan is paid. The auto loan company told me that my contract rate for the loan was 19 percent and the bankruptcy rate was 10 percent that the 9 percent has been accumulating for 5 years. And that once the chapter 13 is discharged they finance company eats that additional interest and the lien card is sent to the attorney’s office. Generally that would be fine but I am not getting a discharge. The loan company told me that once the bankruptcy was dismissed I could either pay the accumulated interest or forfeit the car. So after 5 years I may lose my car anyway. Not that it’s any great loss, the value is next to nothing because so much is wrong with it, but it’s my transportation and I need it.
My questions are this:
I know that there must be 8 years between chapter 7’s and there currently is, can I convert my 13 to a 7. It was less than 4 years between the 7 and 13.
Should I just completely start over and file a brand new chapter 7 and just be done with everything.
I am frustrated with how things have turned out because of my own stupid doings.
Any help is sincerely appreciated.
After a bad divorce I filed for a chapter 7 in February 2004, the bankruptcy was discharged without any issues in June 2004. I was unemployed due to illness in 2007 and had to file a chapter 13. I filed the chapter 13 in January of 2008. While at the trustee hearing the trustee told me I was not entitled to a discharge. I would only get a dismissal. My attorney assumed that by the time of the dismissal most debtors would have written it off and not come after me. I was checking with my auto loan company which was included in the chapter 13 to determine WHEN I would get my lien card. According to bankruptcy records I only owe 3 payments before the auto loan is paid. The auto loan company told me that my contract rate for the loan was 19 percent and the bankruptcy rate was 10 percent that the 9 percent has been accumulating for 5 years. And that once the chapter 13 is discharged they finance company eats that additional interest and the lien card is sent to the attorney’s office. Generally that would be fine but I am not getting a discharge. The loan company told me that once the bankruptcy was dismissed I could either pay the accumulated interest or forfeit the car. So after 5 years I may lose my car anyway. Not that it’s any great loss, the value is next to nothing because so much is wrong with it, but it’s my transportation and I need it.
My questions are this:
I know that there must be 8 years between chapter 7’s and there currently is, can I convert my 13 to a 7. It was less than 4 years between the 7 and 13.
Should I just completely start over and file a brand new chapter 7 and just be done with everything.
I am frustrated with how things have turned out because of my own stupid doings.
Any help is sincerely appreciated.