Corcoran, CA Bankruptcy Law Firms & Lawyers

How would "someone find out" is a question that makes any ethical attorney cringe! If you agreed not to borrow money without court approval, whether someone finds out is not the point. The entire point of being in a Chapter 13 is to obtain a discharge by complying with a court order. You can dance on the edge of a cliff if you like, but when you do get caught, the consequences could be enormous.

Lot's of bad things, you credit rating will go down and if you get late enough your loan will be declared in default, you will be sued and collection action taken against you. If you need relief the best place to start is with the creditor seeking more favorable terms.

You may exempt your mobile home and land as your homestead but there are limits depending on your marital status, age and maybe income depending on you age. It sounds like you owe money on the land and the mobile home so you might not have that much equity. One acre of land could be worth a lot of money or very little depending on its location. Without all that information it is impossible to determine if you can exempt the mobile home and land it sits on.... That will determine whether or not bankruptcy is an option for you at all. Chapter 13 might be needed to pay any back payments on the mobile home and land in a Chapter 13 Plan since those are secured debts generally. Before filing for bankruptcy you need to find out if you can keep what you have and that depends on available exemptions which require information that you do not provide in your question. Your income is low and not a factor for Chapter 7 but for Chapter 13 you need to have enough income to make the required Chapter 13 Plan payments so that you can keep the mobile home and land. You need a consultation with a local bankruptcy attorney and need to provide him or her with information regarding the value of the mobile home and land, the balances of any loans outstanding against them and the amount you are behind on the payments. Talk to a real estate agent before seeing the attorney so that you can have a good idea of the value of the land and mobile home. Also, find out from the bank how much is owed on payments not made on the mobile home and land. That will help the attorney determine the payments that will be required in the Chapter 13 Plan if you are going to keep the mobile home and land.