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Missouri Chapter 13 Questions


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I have a few issues as I prepare to file Chapter 13 in Missouri (to prevent foreclusure on home), I previously filed Ch7 in 2005. I'm 6mos behind in payments & Trustee's sale is 10/1

1. I have a lien on my home for $1,568 for 2002 state tax owed. However when I filed Ch7 it was included as unsecured debt and discharged. How to do I get clarification on this? (Attorney says if 2002 taxes, even though on petition, it wasn't dischargeable till 2006 due to filling for 2002 in 2003.)

2. When am I able to convert this Ch13 into Ch7? I was told 8 yrs from the 1st Ch7 filing date. I thought it was 7yrs. I was told by my income dropping by so much 30-35%, it will be a point where the unsecured debts will get nothing from the Ch13 anyway, so will there be an actual benefit to converting to Ch7 at a later date?

3. I also have a garnishment of 25% of my net wages which started Sept 10th. Is there a way to recover/get back these funds? I'm aware it will stop it after filing, but I was interested in finding out if I could get the funds taken back? I'd like the money to go to trustee for my secured debt on the house, if that's possible. Will later down the road I have to get this 'vacated' to get off my CR?

4. I have discovered in my town I'm to pay sewer bill, however in never had a bill in the 2 years I been in my house. Once I obtain an account, can this be included as well? I wont actually recieve a bill until near/after the 341 meeting of creditors. Advice on this one?

5. My attorney fees are $3000. That's over the life of the plan 5yrs. I will be paying my filing fee,first installment to trustee, & misc lawyer fees on the day of BK13 filing date of $850 on 9/24. Along with that my Mortgage is due 10/1. However my pay date isn't till 10/8. Will this be problematic to make my payment on this date since i have no other cash after paying for the BK13 charges/fees?

6. I can't seem to find SOL to vacate a default judgement against me in 2005, which was later IIBK7. Does it make sense now to motion the court? Or should it dispute it with the CRA's since it may be past the SOL & may be deleted?

Thanks for any clarification/advice on this matter.

Edited by creditcrunch
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