Expert: Terry Leeders - 12/11/2008

Question
Hello. I have filed a Chapter 13 Bk way back in 2004 and should be paid off or closed this July. I am wanting to refinance my house to payoff the rest of my BK and get money to finish remodeling my house. My attorney passed away last year and I didn't and don't have the money to hire another attorney to represent me. I need to know what to do as far as being able to "incur new debt" as I have been told. Can I represent myself in this case or what can I do?
Jessika

Answer
That's tough.  It is a relatively simple process. you need to file a motion to obtain credit for the purposes of refinancing to pay off the case.  Just include all the financials in the motion, the new loan terms, how much you will take out to pay off the case etc.
Attach the lenders approval as well.  be sure to send notice to the trustee, and all creditors, and attach a service notice.  The bankruptcy court help desk can usually help you to make sure it is done right procedurally.