I retained an attorney and some of you will be thrilled

[womanonfire]

I am filing Chapter 13 this week, Monday at the latest. I am both relieved and petrified. It is so complex, it is not even funny.

We're going to be in a 100% plan. Boy life would be much less complicated if we could exempt our entire homestead. It should be that way in all states. People lose their home and savings all the time due to medical bills alone.

Now I know why so many people move to Florida although I am sure there are other states that exempt your entire homestead.

[Carmella]

womanonfire Petrified and Relieved that's a great description. Been there done that.

I must say once you go to court and it's official there is such a sense of relief and less stress. Not that stress disappears, but it's different and more bearable. There's definitely ups and downs over the course of 5 years. The first year was the toughest for us as we adjusted to an all cash life style and not having any savings. Not having money to fix things and letting things go longer than we wanted to do like my tires and then the leaky toilet. Sometimes you just gotta do what you gotta do.

[womanonfire]

We actually didn't file yet as the foreclosure was cancelled. BUT they started it all over again, likely to get more in fees. I wanted a modification, it is still unclear whether I will get one or not or even it one would be beneficial at this point. We're filing an adversarial proceeding against the servicer and objecting to the proof of claim.

[womanonfire]

It is official, filed last Friday 12/3. It was to stop a foreclosure. I've been in litigation with mortgage servicer since 2017. Mortgage servicer filed BK after I sued them and then new servicer sat on my alleged default for 2 years.

I'm in a 100% plan because of home equity. If the mortgage servicer shows up the 341 meeting, they better come with balls bigger than mine...

[justbroke]

Welcome to bankruptcy, womanonfire. That sounds so weird, right? The likelihood of a creditor showing up at a Chapter 13 341 meeting is very low. If you're going to fight with them, the 341 Meeting is not the time anyhow. You would attack their claim... if they file one.

[Zombie13]

Well, womanonfire , the good thing is, you started the bk process. Also, being in a 100% plan, there should be no issues with the trustee if you increase your income. We are in a partial payback plan, so our payments increased twice - the latest one was due to an increase in income.

[womanonfire]

Welcome to bankruptcy, womanonfire. That sounds so weird, right? The likelihood of a creditor showing up at a Chapter 13 341 meeting is very low. If you're going to fight with them, the 341 Meeting is not the time anyhow. You would attack their claim... if they file one.

Yes it does. Seeing my case on Pacer is really weird.

Anyway, I know that the 341 creditors meeting is not the way to fight them but my inner child wants to knock out the playground bully in front of her peers...

Attacking their claim, that is the actual plan. We're doing recoupment claims in defense of theirs in the objection.

I'm actually working on the pent up anger. Maybe I need to write the whole thing out, make it go down like a Quentin Tarantino movie? I'm not always mature for my age.

[justbroke]

Anyway, I know that the 341 creditors meeting is not the way to fight them but my inner child wants to knock out the playground bully in front of her peers...

I know exactly how you feel! You can rough them up a little at the 341 Meeting.

I'm actually working on the pent up anger. Maybe I need to write the whole thing out, make it go down like a Quentin Tarantino movie? I'm not always mature for my age.

Personally speaking, I can say that going up against some very tough creditors was both scary and therapeutic for me. The HOA creditor was the worse to fight and when the judge said that their claim was subject to my lien strip and therefore subject to discharge, I sighed relief. The HOA attorney was like "but your honor!". Sometime a little victory is enough to justify the Chapter 13.

I can only imagine what fighting the larger bank/mortgage creditor will bring.