Hernando, FL Bankruptcy Law Firms & Lawyers

Without knowing all the specifics of your case, I can only give you a general answer. I would suggest you contact your attorney for advice for your specific case. Based on the information you have provided, I would recommend you convert to a Chapter 7, if you are eligible, and give up the home. The dogbite claim can be added to your creditors if you convert. Otherwise, I would recommend you file a motion to dismiss your case, provided a Motion for Relief from Stay has not been filed in your case. Of course, your creditors have a right to pursue you if your case is dismissed. Your home belongs to you until you either sell it or it is foreclosed upon. If you sell it while you are in your Chapter 13, you will need to get approval from the court to sale it. Again, you should consult with your attorney.

When you file bankruptcy you are immediately under a protection from creditor collections. You should provide any creditors who contact you with your bankruptcy case number and in addition refer them to contact your attorney. I would also recommend keeping a log of the phone numbers, name of the companies, times of the calls as well as any other correspondence you receive. Provide this information to your attorney as the creditor may be in violation of the Federal Bankruptcy Laws and possibly FDCPA laws. Your attorney can file for a motion for sanctions with the court if he deems it's needed.