[auntieshellie]

Hello. My question is this. My mother in law earlier this year filed for Chapter 13. And her health in the 8 years I have known her has been a roller coaster. Her doctor has suggested that she apply for disability/SSI. We live in the state of Oklahoma and within Oklahoma county. She is afraid that if she does qualify that she will lose her home and vehicle. If that should happen she would more then likely move into an apt. Where the rent will be higher then her current mortgage payment. Every time we consult her attorney his only response is well you can sell your house or your car. Even when she was out of work for nearly 2 weeks without pay. So will she be able to keep her home and only mode of transportation with a lower payment? Or does the court have the ability to force her out if she can't pay them 1400.00 a month?

[MsMewiththat]

If the house payment was behind and the home in foreclosure and part of that 1400 is a payment to a mortgage, then the answer to your question is yes they can put her out is she defaults on that agreement. If you are able to sell the home and pay off the mortgage she can take the money she gets after the mortgage is paid off and get in a new residence. Same with the car payment, if part of the 1400 is a car payment and she defaults on that 1400 payment to the trustee, than they can take the car. If she sells it first she needs to pay off the car note. She will want to check with her attorney on whether she can sell the house or the car while under the chapter 13. Best of Luck, act fast time is of the most importance.

[Fr_Chuck]

If she can not pay the monthly payment to the bankruptcy court, the case will get dismissed, and then the creditors who she owes money to, are free to continue their collection. If she was behind on the house, then they can continue. The chapter 13 case will not force her to sell, but if she gets removed from the protection of the bankrutpcy court, her mortgage company may foreclose.

Now she may ask her attorney if she can convert the chapter 13 to a chapter 7. That would discharge all of the non secured debts, but she would have to re-affirm the house and/or car debts.

Also not sure what the receiving disability has to do with any of this??

Really not enough info for a great answer, but she needs to talk with a educated bankrutpcy attorney as to first why they did a chapter 13 not a 7, ( there are reasons)