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My final chapter 13 BK payment is due on 04/09/09. We thought the balloon payoff was $7600.00. I have been contacting my attorney ( I have contacted state bar) since January to get payoff (trustee would not give us info directly as we are represented by counsel) he finally got back to me yesterday and the figure is almost $14,000.00. We had to modify plan in the middle we could not keep up with $1000.00 trustee payment monthly- we were supposed to refi house to pay remainder of was left.BK filed 11/03 and we are past 60 months- we cannot ask for anymore extensions. The mortgage market has tanked and we cannot refi house. I lost my job 10/2008 ($47,000.00 yrly salary-hubby still working) and was diagnosed with ovarian cancer and am in tx. The secured and priority claims remaining on BK are $7600.00 which I can pay this month- I asked my attorney about paying the $7600.00 and asking for a hardship discharge. He told me he did not believe we would not qualify and it would save me approx $1500 maybe... Do you believe this to be true? If all my priority and secured are paid why would we not qualify? This guy has been no help and we are running out of time quickly...He charged us a flat fee and told me point blank he has spent too much time on our case already. We have paid over $55,000.00 into our BK and with the other 7600.00 I will be at almost $63,000.00 paid. I have been up crying all night I don't know what to do and can't get in to another attorney until Monday. I can't believe if we have paid $63,000.00 it will be for nothing and the case dismissed instead of discharged. Please give me your thoughts on this.....

Niicss · Posted: Thu Apr 02, 2009 3:22 am Post subject:

Hi Guest,

If you are facing hardship, you should request for a hardship discharge from the judge who is looking after your bankruptcy case. This can be done by filing a motion with the court. Once you file the motion, the court will hear your case and judge whether to grant your request or not.

Thanks.

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