Bryan, TX Bankruptcy Law Firms & Lawyers

First of all, if your husband's attorney is doing anything other than trying to get the best result for your husband, he's committing an ethical violation! His job is to get the best result for your husband. I think it may be a terrible decision to dismiss the Chapter 13 but there is no way to tell. You have a bk attorney so have him/her help you out with this. If they don't know then you need your own bk attorney that is familiar with family law to help you.

Hard to imagine how you managed to pay that much money if you did not want to continue paying and now you are concerned about it after so long. While the personal liability for the mortgage/deed of trust is discharged in bankruptcy, the debt is still collectable if the bank wants to sell the house in foreclosure and get whatever the sale proceeds are received because it is secured by a lien (a deed of trust or mortgage) and the lien is not affected by the bankruptcy. I would guess that the bank will now claim that you paid voluntarily which you are allowed to do after bankrutpcy. I doubt that you can get it back but your situation is so unusual that you need to consult with an attorney who can review the documents and get all the facts.

You can file a Chapter 7 eight years from the filing date of the prior Chapter 7. You can file a Chapter 13 four years from the filing date of the prior Chapter 7.