u/AuntieCaramel

I could use some help understanding “Chapter 20” because I’m getting a little lost in the strategy side of it.

In considering bankruptcy and trying to figure out if doing a Chapter 7 first and then possibly a Chapter 13 later actually makes sense in real life, or if it’s just something that sounds good on paper.
My situation is kind of mixed. I’ve got a mortgage and I’m not in foreclosure, but I’m behind for March and April and I’ve already tried twice for a loan modification and got denied both times. I also have a decent amount of unsecured debt that would get wiped in a Chapter 7.

What I’m trying to figure out is:

-If I do a 7 first and wipe out the unsecured debt, does a 13 afterward still really help with anything besides mortgage arrears?
Honestly, at that point, would it just make more sense to go straight into a 13 if the goal is just keeping the house stable? One attorney I briefly spoke with said I would possibly be on a 1% payment plan based on my income and lack of disposable income so not sure if that makes any difference.
I’m trying to make a decision that actually works long-term, not just technically works on paper. Any real experiences or insight would really help.

TL;DR:
Debating Chapter 7 → Chapter 13 vs going straight Chapter 13. Want to wipe unsecured debt but also need a realistic plan for keeping my house after failed loan mod attempts.

I discovered an attorney through my MetLife legal plan, but it turns out he doesn’t handle chapter 13 cases in my county. I’m curious, what could be the reason an attorney might not specialize in a particular county for chapter 13?

I’m wondering if it’s possible to file chapter 7 instead of 13 although my mortgage is late? I would be caught up by the time it’s actually discharged.

For context my dad passed and that along with some of my own health issues caused me to be out of work for 2 months. I did received STD at that time but clearly not cover 100% of my income so it has caused me to get very behind being a single mom of 2.

I am currently behind on my mortgage for March and April but would be caught up on all payments by the end of this month or the first week of June at the latest. I really need to file now because of other unsecured debts I cannot afford anymore. Should I wait? Or could I start as a chapter 13 and convert to 7? I’m well under the income limits and don’t have much equity in my home.

I’m in SC and also have a car loan that I am current on if that matters.