A little Bad News

**BigTony** · 01-23-2010, 12:16 AM

My Chapter 13 case was dimissed, As many of you know my Debts are my Parents and I was going to File Chapter 13. I could not afford the payment plan so my debtors starting calling again. I have a new Attorney my last Attorney was just so bad.

You know all I want is for this nightmare to be over and I keep hitting road blocks.

**mamamia** · 01-23-2010, 12:29 AM

Sounds like you needed to find the right man for the right job. Hope your new attorney will get you past those road blocks, and this problem will finally be far behind you.

Hang in there! It'll happen!!

Theresa

**frugalfranny** · 01-23-2010, 12:43 AM

Sorry that happened BT. Hang in there!

**Palooka** · 01-23-2010, 03:09 AM

Well of course, how could you even try to file chapter 13 if the debt is in your parents name?(even though you used the cards.)

You don't need an attorney but your parents do.

Sorry if that sounded harsh.

**Greebo** · 01-23-2010, 08:15 AM

Sorry to hear about the road block but Palooka is right - the debt is in your folk's name. You can't bankrupt it.

I don't think you have much of an option here but to:
1) Bear the creditor calls;
2) Pay on a pro-rata plan;
3) Find ways to increase your income so you can get current

**Lora88** · 01-23-2010, 08:25 AM

BT im not understanding did you have a 13 approved and were making payments and then couldnt or did a Judge not approve a plan at all? If it was the latter then that makes sense since the debt is in your parents name if it was the former did the judge convert it to a chapter seven? This may have been a blessing in disguise as if you fail to make payments on a 13 the judge can then convert it to a 7 and creditors can then seize your assets ie home cars so maybe its just as well

**alotofgooddeals** · 01-23-2010, 08:41 AM

How could someone be responsible for their parent's debt....? Kind of confused and not meaning to sound stupid....

**NikoSan999** · 01-23-2010, 09:10 AM

Can you explain in more detail why it was dismissed? Were you filing on debt in your name or parents name?
When you file, on the papers you make an "offer" on what you think you can repay a month....Did the trustee say it was not acceptable and raise the amount and therefore not able to pay ?

Also aren't you in a Debt Repay ( can't think of the name off the top of my head ) plan? I'm almost postive you cannot be in one of those and file bankruptcy. At least for a period of time. Again, at least in Florida. It's either one or the other.

Also, I believe, once you've filed there's a waiting period before you can submit a new filing. 6 months?

Even on a Chapter 7 you are allowed to keep certain assets. Home, based on homestead/home equity in your state, car-depending on value etc.

Can you explain more why it was dismissed? Somthing dosen't sound right.

**Palooka** · 01-23-2010, 09:22 AM

Originally Posted by alotofgooddeals

How could someone be responsible for their parent's debt....? Kind of confused and not meaning to sound stupid....

Because Tony has posted here(a few times) that he was able to use credit cards in his parents name(and several around 100k) They gave him permision.

Now Tony is trying to do the right thing and pay them back.

**alotofgooddeals** · 01-23-2010, 09:29 AM

Wow 100K in your parents name...i still don't know how he could go bankrupt in his parents name...I would think his parents would have to file....

**Palooka** · 01-23-2010, 09:43 AM

Originally Posted by alotofgooddeals

Wow 100K in your parents name...i still don't know how he could go bankrupt in his parents name...I would think his parents would have to file....

Very true. There is still a mystery to it all.

He himself is probably not going 'bankrupt' I think he still lives at home with his parents. Just trying to pay them back.

I myself am very curious how a 'debt consolidation' place could even help from the beginning when it wasn't in his name, per say.

**MaryinFL** · 01-23-2010, 11:04 AM

I don't think personal family loans can be included in a bankruptcy.

This may very well be why the bankruptcy was denied.

If he made charges to his parents credit card, they are responsible for the debt. I feel for his parents, that is so sad since they may be close to retirement age. Can you imagine what their monthly payment must be on that debt?

**sahm2boys** · 01-23-2010, 01:02 PM

im not positive how it works
but my husband gave his parents money about 6 years ago to pay off their cc debt, instead they blew the money and claimed bankruptcy, a 7 i think and he received a letter in the mail that they had bankrupted him