wobbles Posted March 26, 2007 Report Share Posted March 26, 2007 I'm trying to help my SIL's friend. He is 60 yrs old, filed ch 13 a couple of yrs ago, has 1 yr left to pay. Debts were medical & now he is facing having to stop working completely. Dr. told him to quit over 1 yr ago, but he is trying to get the chpt 13 pd off 1st.How does this work with the disabled? Can they take all of his disability ins thru wk (60% income for short term, less than that for long term), and he will eventually qualify for SSDI, how is that treated by BK law? This poor guy is freaking out & his BK atty was not very nice to deal with (my SIL called her a female dog...). Any answers would be appreciated.My best guess is that he could qualify for change in circumstances and have the chpt 13 changed to a chpt 7 & discharged, but I haven't really followed this topic much over the past yr & am just not sure.Thanks for any & all replies,Wobbles Link to comment Share on other sites More sharing options...
bingo Posted March 26, 2007 Report Share Posted March 26, 2007 Well, he needs to speak with his bk lawyer. Yes, the code provides for both a plan modification and, a hardship discharge.The big question is, why did he file a 13 to begin with? The bk code also states that unsecured creditors may not get less in a 13 than they'd have gotten in a 7. Link to comment Share on other sites More sharing options...
LadynRed Posted March 26, 2007 Report Share Posted March 26, 2007 How do you get less than ZERO ?? He could either convert to a Ch 7, or see if he can get the hardship discharge of the 13. Link to comment Share on other sites More sharing options...
bingo Posted March 26, 2007 Report Share Posted March 26, 2007 I'm just wondering if he filed a 13 because he had assets above the exemption level for his state. If that's the case, he may not qualify for a hardship discharge or plan modification without surrendering some property. Link to comment Share on other sites More sharing options...
wobbles Posted March 28, 2007 Author Report Share Posted March 28, 2007 I'm not sure, but think that could be the case. He has a trailer (I think a 1970's model, not much to look at), parked on a friend's land. He also has a truck 2002, but it was totaled by ins co & he took less & opted to drive it as a wreck instead (strange story here, this is what I was told, sounded weird, but is all I know).He has no retirement accnts, no other property. Lives broke ALL the time. If he has other assets, I'm not aware of them. SIL is becoming increasing 'in-love' with this guy & I'm kind of protective of her since her husband died a few yrs ago. I told her date him, live with him, but DO NOT MARRY HIM. She has some modest assets (retirement accts, home, cars, etc). I'm just trying to help him out with info. I plan to try to get him to consult an atty - he does not like his BK atty (SIL went with him to a couple of mtgs - called her 'female dog'...), so I'm recommending he seek other legal counsel, since he did not work well this this woman. I think this should be a simple case - if he cannot work, BK should be discharged or coverted to a chpt 7 or whatever the legal term is.I thank those who replied, if you have further advise, I welcome it. Link to comment Share on other sites More sharing options...
bingo Posted March 28, 2007 Report Share Posted March 28, 2007 I'd agree Wobbles. Sounds like this guy should get a hardship discharge. If he can't get an answer from his lawyer, I'd try and get a consultation with another attorney.Good job on trying to protect SIL. Link to comment Share on other sites More sharing options...
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